Tennessee HOA laws

Tennessee HOA and Condo Laws, in Plain English

Tennessee has 2 statutes that govern community associations: Condominium Acts and Display of Flags. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Tennessee

TN
Condominium Acts Display of Flags
Resale documentResale Disclosure
Fee capNo fixed dollar cap
Deadline10 business days
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

T.C.A. 66-27 (Condominium Acts)

Condominiums

Governs the creation, governance, and operation of condominiums in Tennessee through two acts: the Horizontal Property Act, which continues to govern condominiums created before January 1, 2009, and the Tennessee Condominium Act of 2008, which applies to condominiums created on or after that date and covers formation, unit owners' associations, assessments and common expenses, meetings and records, and owner rights. Purchaser protection provisions, including resale disclosure requirements, apply to condominiums created both before and after that date.

  • Tenn. Code 66-27-502 (Resale Information from Association or Declarant)

    Requires a condominium association, or a declarant while construction is ongoing, to provide requested resale disclosure information to a unit owner, purchaser, or lender within a set period, and allows a reasonable fee for supplying it.

    Official text

  • Tenn. Code 66-27-503 (Contents of Resale Disclosure Information)

    Lists what the resale disclosure package must contain, including governing documents and rules, budgets and financial statements, current assessments and any delinquencies on the unit, insurance coverage, and pending litigation.

    Official text

  • Tenn. Code 66-27-505 (Deadlines and Remedies for Resale Disclosure)

    Sets timeframes for delivering the resale disclosure information and provides remedies and penalties, including rescission or specific performance rights, when it is not timely provided, and limits a purchaser's responsibility for undisclosed past due assessments in that situation.

    Official text
Read T.C.A. 66-27 on the state's site

T.C.A. 66-27, Part 6 (Display of Flags)

HOAs and planned communitiesCondominiums

Part 6 of the Multiple Ownership of Property chapter (66-27-601 et seq.) reaches homeowners' associations and condominiums formed at any time: it defines terms such as homeowners' association and restrictive covenant and grants owners the right to display the United States flag and to post water hazard warning signs regardless of contrary covenants. It is not a homeowners' association act: Tennessee has no resale disclosure, payoff or estoppel statement, or fee cap for homeowners' associations, whose resale packages issue under their governing documents.

Read T.C.A. 66-27, Part 6 on the state's site

When a Home Sells in Tennessee

Tennessee law has the association furnish resale disclosure to the buyer, under Tenn. Code 66-27-502. The figures below come from the rules Havn applies to every order.

What Tennessee calls the resale document
Resale Disclosure
Fee cap
No fixed dollar cap
Delivery deadline
10 business days
Buyer's right to cancel
No statutory right tied to this document

On written request, the association must furnish a unit owner, or a holder of any mortgage or deed of trust encumbering the unit, or their authorized agents, a written statement setting forth the amount of unpaid assessments against the owner's unit, within seven days after receipt of the request; the statement is binding on the association (Tenn.

The full Tennessee resale rules, who pays, and how to order are on the Tennessee resale disclosure page. Every state's cap and deadline sit side by side in the fee and deadline table.

Tennessee HOA Law Questions

Which law governs condominiums in Tennessee?

T.C.A. 66-27 (Condominium Acts) and T.C.A. 66-27, Part 6 (Display of Flags). Governs the creation, governance, and operation of condominiums in Tennessee through two acts: the Horizontal Property Act, which continues to govern condominiums created before January 1, 2009, and the Tennessee Condominium Act of 2008, which applies to condominiums created on or after that date and covers formation, unit owners' associations, assessments and common expenses, meetings and records, and owner rights.

Which law governs HOAs in Tennessee?

T.C.A. 66-27, Part 6 (Display of Flags). Part 6 of the Multiple Ownership of Property chapter (66-27-601 et seq.) reaches homeowners' associations and condominiums formed at any time: it defines terms such as homeowners' association and restrictive covenant and grants owners the right to display the United States flag and to post water hazard warning signs regardless of contrary covenants.

Does Tennessee cap the fee for a resale certificate?

No. Tennessee sets no dollar cap on resale disclosure, so the association or its management company sets the fee within the statute.

How long does a Tennessee association have to deliver resale disclosure?

10 business days, counted from the request.

Where can I read the Tennessee statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

Georgia HOA laws

Resale fee: no fixed dollar cap · 5 business days

North Carolina HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

Kentucky HOA laws

Resale fee: no fixed dollar cap · 10 days

Alabama HOA laws

Resale fee: no fixed dollar cap · 10 days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Tennessee community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

Get Started FreeSee the Homeowner Portal