Getting Your Tennessee HOA's Records

Records access in Tennessee depends on whether you live in a condominium or a non-condo HOA. Condos run through the Condominium Act of 2008 and the master deed; non-condo HOAs rely on the CC&Rs and the Nonprofit Corporation Act. For your specific situation, a licensed Tennessee attorney is the right resource. This is general information, not legal advice.

What records can a Tennessee condo owner inspect?

All financial and other records, as a baseline. Under the Condominium Act of 2008, Tenn. Code Ann. § 66-27-417, "All financial and other records shall be made reasonably available for examination by any unit owner," with no fixed number of days. The recorded master deed and bylaws may add procedures, such as request forms and copying fees.

For condominiums under the Tennessee Condominium Act of 2008, records access flows from:

• The Condominium Act of 2008 (T.C.A. §§ 66-27-201 et seq.) — sets a baseline financial recordkeeping and examination rule (§ 66-27-417)
• The recorded master deed and bylaws — may include specific provisions on books, records, and inspection
• The Tennessee Nonprofit Corporation Act (T.C.A. Title 48) — for incorporated associations, supplies member-inspection rights to corporate records

Under T.C.A. § 66-27-417, "All financial and other records shall be made reasonably available for examination by any unit owner" — the statute sets no fixed number of days. The master deed and bylaws may add procedures such as request forms and copying fees. Under § 66-27-202(a), § 66-27-417 also reaches condos created before January 1, 2009, for events after that date.

Do non-condo HOAs have to let owners see records in Tennessee?

Partly. No Tennessee statute parallels the Condominium Act here, so access depends on the CC&Rs, the bylaws and, for incorporated HOAs, the Nonprofit Corporation Act. Under Tenn. Code Ann. § 48-66-102(a), a member may inspect and copy core corporate records after a written demand at least five business days ahead, a right the charter or bylaws cannot limit (§ 48-66-102(d)).

For non-condo HOAs, there is no Tennessee statute analogous to the Condominium Act. Records access generally flows from:

• The recorded CC&Rs — may specify what records owners may inspect and on what terms
• The bylaws — fill in operational detail
• The Tennessee Nonprofit Corporation Act, T.C.A. Title 48 — provides members of incorporated HOAs with inspection rights to corporate records under specified conditions

Title 48's member-inspection rights are particularly important for non-condo Tennessee HOAs: they apply by operation of law to incorporated HOAs even when the CC&Rs are silent on records, and the right "may not be abolished or limited by a corporation's charter or bylaws" (§ 48-66-102(d)). Under T.C.A. § 48-66-102(a), a member may inspect and copy core corporate records listed in § 48-66-101(e) (such as the charter, bylaws, and the past three years of member-meeting minutes) if the member "gives the corporation a written demand at least five (5) business days before the date on which the member wishes to inspect and copy." Accounting records, other minutes, and the membership list require a demand made "in good faith and for a proper purpose" (§ 48-66-102(c)).

What owners commonly request

People reviewing Tennessee HOA or condo books often look at:

• Annual budgets, reserve studies, financial statements, and audits
• Bank statements, vendor contracts, and bids
• The master deed/CC&Rs, bylaws, adopted rules, and any fine schedule
• Board and member meeting minutes and notices
• Assessment ledgers and lien notices for the unit or lot
• Insurance policies

Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.

For the recorded documents themselves

The recorded master deed or CC&Rs are available from the register of deeds in the county where the property is located. Because in Tennessee the recorded documents control much of the framework — especially for non-condo HOAs — this is a way to get them without going through the association.

What people generally do

For owners seeking Tennessee records, a few practical points:

• Whether the community is a condominium or non-condo HOA — the records path is different.
• A written request that identifies the records specifically is the usual starting point.
• For incorporated non-condo HOAs, the inspection authority is the Nonprofit Corporation Act (Title 48).
• Keeping a copy of the request and any response is common practice.
• A licensed Tennessee attorney is the resource if access is denied or unreasonably delayed.

Sources

• Tennessee Code Annotated — official public access (§§ 66-27-202, 66-27-417; §§ 48-51-101, 48-66-101, 48-66-102)