Challenging an HOA Fine in Tennessee

Tennessee doesn't have a standalone statewide fines statute for community associations. For condos, the Condominium Act of 2008 and the master deed supply the framework — and the statute is unusually direct that fines can become part of the lien. For non-condo HOAs, fine authority comes entirely from the recorded CC&Rs. For your specific situation, a licensed Tennessee attorney is the right resource. This is general information, not legal advice.

Where the fine power comes from

For condominiums under the Tennessee Condominium Act of 2008, the master deed and bylaws typically specify the violations subject to fine, the fine schedule or cap, and any required notice and hearing.

For non-condo HOAs, there is no Tennessee statute setting out a fine procedure. Fine authority and procedure flow from the recorded CC&Rs and bylaws. The Tennessee Nonprofit Corporation Act (T.C.A. Title 48) governs the entity but does not set out a fines process. If the CC&Rs don't grant a hearing right, there may be no statutory backup.

That makes the first question in any Tennessee fine dispute a documents question: did the board actually follow the master deed (or CC&Rs) procedure for notice and a hearing?

One narrow statutory protection does reach non-condo HOAs on a related money question. T.C.A. § 66-27-706 (added by 2024 Tenn. Acts, ch. 691, eff. July 1, 2024) governs special assessments for a "nonessential amenity": it requires "at least a two-thirds (2/3) majority vote of the total members" and that the association "[p]rovide members with financing or a payment plan," and it bars foreclosure for nonpayment of such a special assessment. That statute addresses special assessments, not ordinary rule-violation fines — but it is one of the few post-2021 provisions Tennessee enacted that touches general HOAs directly. See Can a Tennessee HOA or Condo Foreclose Over Dues?.

Why a Tennessee condo fine deserves attention

The Tennessee Condominium Act of 2008 is unusually explicit that fines can ride along on the assessment lien. Under T.C.A. § 66-27-415, the association has a lien on a unit "for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due."

So an unaddressed condo fine isn't just a billing dispute — it can attach to the home as part of a statutory lien backed by:

• Super-priority over a first mortgage in foreclosure proceeds (capped at six months of common-expense assessments and at 1% of the mortgage's maximum principal indebtedness)
• A six-year limitations period for lien enforcement
• Judicial foreclosure as the enforcement mechanism

See Can a Tennessee HOA or Condo Foreclose Over Dues?.

What people generally do

For a Tennessee fine, the points that commonly matter:

• The master deed (or CC&Rs) and bylaws show whether the fine is authorized and whether the procedure was followed.
• The association's records — the cited rule, the fine schedule, and minutes showing how similar matters were handled.
• For non-condo HOAs, whether the documents grant a hearing right (there is no statutory one).
• Selective enforcement is a recognized defense.
• For condos, a fine left unaddressed can be folded into the statutory lien under § 66-27-415.
• A licensed Tennessee attorney is the resource before a disputed fine moves toward collection.

Sources

• T.C.A. § 66-27-415 — Lien for assessments (reaches fines)
• T.C.A. § 66-27-706 — Special assessment levies for nonessential amenities; foreclosure prohibited (2024)
• T.C.A. Title 66, Ch. 27 — Condominium Act of 2008
• T.C.A. Title 48 — Nonprofit Corporation Act