Tennessee HOA Laws 2026: Tennessee Horizontal Property Act & HOA Governance (Tenn. Code § 66-27-101)

Tennessee's Horizontal Property Act (Tenn. Code §§ 66-27-101 through 66-27-123) governs condominiums in the state. Planned community HOAs in Tennessee operate under their CC&Rs and Tennessee nonprofit corporation law (Tenn. Code §§ 48-51-101 et seq.). Tennessee is a moderate-regulation state where courts respect the business judgment rule and consistently enforce clear CC&R restrictions.

Tennessee Horizontal Property Act: Condominiums

The Horizontal Property Act (HPA) establishes the legal regime for Tennessee condominiums including the master deed, horizontal property regime, unit owner rights, association authority, and assessment lien rights. Tennessee condominiums have a statutory lien for unpaid assessments, perfected by recording in the county register of deeds. The HPA is relatively brief; many governance details are set by the individual declaration and bylaws.

Planned Community HOAs: CC&Rs as Primary Law

Tennessee does not have a Planned Community Act for single-family subdivision HOAs. These associations operate under their CC&Rs as recorded restrictive covenants and Tennessee nonprofit corporation law. Tennessee courts apply a "plain meaning" interpretation of CC&R restrictions and will enforce them as written, provided they are clearly stated and do not violate public policy.

Enforcement and Fine Procedures

Tennessee has no statutory fine procedures for planned community HOAs — enforcement is entirely governed by the CC&Rs and rules. Tennessee courts apply the business judgment rule: board decisions made in good faith, with reasonable inquiry, and without conflict of interest will generally be upheld. Required elements for defensible enforcement: written notice, citation of the specific CC&R provision, a reasonable cure period, and documentation of all steps taken.

Assessment Liens in Tennessee

For Tennessee condominiums, the HPA provides statutory lien rights. For planned community HOAs, lien rights must be expressly stated in the CC&Rs. Tennessee allows non-judicial (trustee's sale) foreclosure of HOA assessment liens if the CC&Rs include a power of sale provision. Otherwise, judicial foreclosure is required. The association must provide written notice before recording a lien and before initiating foreclosure.

Record Access and Meetings

Tennessee HOA members have the right to inspect corporate records under Tennessee nonprofit corporation law, including meeting minutes, financial statements, and membership lists, typically within 5 business days of written request. Annual meetings are required by the bylaws. Board meetings should be open to members per best practice and most CC&R provisions.

• Condos: follow the Tennessee HPA for lien recording and foreclosure procedures
• Planned communities: your CC&Rs are your entire enforcement authority
• Include a power of sale in CC&Rs for non-judicial foreclosure option
• Document all board decisions in meeting minutes — courts review these
• Apply all CC&R restrictions consistently across all owners
• Maintain financial records for at least 5 years