Challenging an HOA Fine in Tennessee

Tennessee doesn't have a comprehensive fines statute for all community associations. For condos, the Condominium Act of 2008 sets a short statutory floor — notice, an opportunity to be heard, and reasonable fines — and says directly that fines can become part of the lien; the master deed fills in the rest. 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 does a Tennessee HOA's power to fine come from?

It depends on community type. For condos, T.C.A. § 66-27-402(a)(11) lets the association, subject to the declaration, levy reasonable fines only after notice and an opportunity to be heard, and sets no dollar cap, notice period, or hearing format. For non-condo HOAs, no Tennessee statute sets a fine procedure; authority flows from the recorded CC&Rs and bylaws.

For condominiums, T.C.A. § 66-27-402(a)(11) lets the association, subject to the declaration, "after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association". The statute sets no dollar cap, notice period, or hearing format; the master deed and bylaws may specify the violations subject to fine, the fine schedule, and the hearing procedure. Under § 66-27-202(a), this fines provision also reaches condos created before January 1, 2009, for events after that date, without overriding their existing documents.

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 questions in a Tennessee fine dispute whether a condo owner received notice and an opportunity to be heard, as § 66-27-402(a)(11) requires, and whether the board followed the master deed (or CC&Rs) procedure.

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 passage "by at least a two-thirds (⅔) 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. See Can a Tennessee HOA or Condo Foreclose Over Dues?.

Can an unpaid condo fine become a lien in Tennessee?

Yes, for condos. Under T.C.A. § 66-27-415, a condo association's lien on a unit covers fines imposed against the unit owner, as well as assessments, from the time the fine becomes due. Unless the declaration provides otherwise, fines charged under § 66-27-402(a)(11) are enforceable as assessments (§ 66-27-415(a)(4)), so an unaddressed condo fine can attach to the home.

The Tennessee Condominium Act of 2008 is 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." Unless the declaration provides otherwise, fines charged under § 66-27-402(a)(11) "are enforceable as assessments under this section" (§ 66-27-415(a)(4)).

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 — or, if the declaration provides for it, foreclosure with a power of sale (§ 66-27-415(a)(2))

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 condos, whether the fine came after notice and an opportunity to be heard, and whether it is reasonable (§ 66-27-402(a)(11)).
• For non-condo HOAs, whether the documents grant a hearing right (there is no statutory one).
• How the same rule has been enforced against other owners (see When Is a Tennessee HOA Rule Unenforceable?).
• 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

• Tennessee Code Annotated — official public access (§§ 66-27-202, 66-27-402, 66-27-415, 66-27-706; § 48-51-101)
• 2024 Pub. Ch. 691 (SB 2150) — nonessential-amenity special assessments, enacted text