HOA Laws in Tennessee: What Boards and Homeowners Need to Know

Updated May 2026  ·  est. 8,000+ HOAs in Tennessee

Overview: How Tennessee HOA Law Works

Tennessee has a dedicated Homeowners Association Act (T.C.A. § 66-27-101 et seq.) providing a statutory framework for planned community HOAs, including financial record access rights, annual meeting requirements, and assessment lien enforcement procedures. Tennessee's rapid population growth -- particularly in the Nashville and Knoxville metro areas -- has significantly expanded HOA formation in recent years, bringing increased attention to HOA governance at the state level. Tennessee does not have a super-priority lien for HOA assessments or a mandatory state reserve fund requirement.

Every HOA in Tennessee is governed by a combination of state law and its own governing documents - typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. Where state law and governing documents conflict, state law generally controls. Where state law is silent, the governing documents fill the gap.

Key Tennessee HOA Laws and Requirements

• Tennessee's Homeowners Association Act (T.C.A. § 66-27-101 et seq.) governs planned community HOAs and provides authority for financial records, annual meetings, and assessment lien enforcement.
• Under the Tennessee HOA Act, members have the right to inspect and copy the association's financial records, including budgets and financial statements, within a reasonable time of a written request.
• Condominium associations in Tennessee are governed by the Tennessee Horizontal Property Act (T.C.A. § 66-27-101 et seq.) -- note that Tennessee uses the same citation range; HOAs and condos have overlapping but distinct statutory provisions.
• Assessment liens are enforceable under T.C.A. § 66-27-415; the HOA must follow specific notice requirements before recording a lien.
• Tennessee does not grant planned community HOA assessment liens super-priority over first mortgages; the lien is subordinate to a recorded first mortgage.
• Tennessee does not require planned community HOAs to maintain a reserve fund by state statute; reserve obligations depend on governing documents.
• Tennessee has no dedicated state agency for HOA dispute resolution; homeowners must use internal procedures or file in Tennessee chancery or circuit court.
• HOA managers in Tennessee are not required to hold a state-issued community association management license.

What Tennessee Homeowners Have a Right To

Regardless of what any individual HOA's governing documents say, Tennessee homeowners in HOA communities generally have the right to:

• Access financial records and meeting minutes (within timeframes set by state law or governing documents)
• Receive notice before fines are imposed and an opportunity to be heard
• Attend board meetings (with limited exceptions for executive sessions)
• Inspect and receive copies of the community's governing documents
• Vote in board elections and on major community decisions
• Receive proper notice before assessments are collected by lien or legal action

Assessment Collection in Tennessee

When a homeowner fails to pay assessments in Tennessee, the HOA's typical collection process follows these steps:

1. Written notice of delinquency sent to the homeowner
2. Late fees applied after the grace period specified in governing documents (or as set by state law)
3. Lien filed against the property after notice and applicable cure period
4. If unpaid, the HOA may pursue legal action or foreclosure per Tennessee law and the governing documents

Tennessee's specific procedures, notice periods, and lien priority rules are set by Tennessee Homeowners Association Act (T.C.A. § 66-27-101 et seq.) and the association's governing documents. Boards should consult legal counsel before initiating collection actions.

Fines and Enforcement

Most Tennessee HOAs can impose fines for rule violations, but procedural requirements must be followed. In general:

• The homeowner must receive written notice of the alleged violation
• There must be an opportunity to cure the violation or be heard before a fine is imposed
• Fine amounts must be established in the community's schedule of fines (typically in the rules and regulations)
• Fines may be collected as assessments and, if unpaid, can become part of an assessment lien

How Software Helps Tennessee Boards Stay Compliant

The procedural requirements under Tennessee HOA law - notice before fines, member record access, financial transparency - are exactly what good HOA software automates:

• Violation notices are timestamped and logged automatically, creating the audit trail Tennessee law requires
• Payment history is visible to residents in their portal, satisfying member record access rights
• Financial reports can be generated and shared with members on demand
• Document storage keeps governing documents accessible to all members at any time

Frequently Asked Questions: HOA Law in Tennessee

What does the Tennessee Homeowners Association Act (T.C.A. § 66-27) require?

The Tennessee Homeowners Association Act requires boards to maintain financial records, hold annual meetings with proper notice, conduct elections in accordance with the governing documents, and follow specified procedures for assessment lien enforcement. The act provides a statutory framework that supplements the authority and procedures in each community's CC&Rs and bylaws.

Can Tennessee HOA members inspect association financial records?

Yes. Under the Tennessee Homeowners Association Act, members have the right to inspect and copy the association's financial records, including budgets and financial statements. The HOA must make these records available within a reasonable time after a written request. This access right promotes transparency and accountability in Tennessee HOA governance.

How does Tennessee HOA assessment lien priority work?

Under T.C.A. § 66-27-415, a Tennessee HOA's assessment lien has priority over most other claims except for real property taxes and certain first mortgage liens. The association can foreclose its lien judicially if assessments remain unpaid after proper notice. Tennessee does not have a super-priority provision giving the HOA lien priority over first mortgage liens for any portion of the debt.

Does Tennessee require HOAs to maintain a reserve fund?

Tennessee does not require planned community HOAs to maintain a reserve fund by state statute. Reserve fund obligations depend on each community's CC&Rs. Financial advisors recommend that Tennessee HOAs with significant shared infrastructure conduct periodic reserve studies and maintain adequate reserves to avoid large unexpected special assessments.

How are Tennessee HOA disputes resolved?

Tennessee has no dedicated state agency for HOA dispute resolution. Homeowners with complaints must use whatever internal dispute resolution procedures appear in their governing documents, pursue mediation or arbitration if provided in the CC&Rs, or file a civil lawsuit in Tennessee chancery or circuit court. A Tennessee real estate attorney can advise on the best path forward for a specific dispute.