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.

Condominiums: 2008 Act + master deed

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

• The Condominium Act of 2008 (T.C.A. §§ 66-27-401 et seq.) — UCIOA-based; sets baseline financial and governance recordkeeping obligations
• The recorded master deed and bylaws — typically 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

A condo unit owner usually has a right to inspect the financial records, contracts, minutes, and other operating documents on reasonable terms. The master deed typically specifies the timing and reasonable copying fees.

Non-condo HOAs: CC&Rs + Chapter 48

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

• The recorded CC&Rs — often 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

Chapter 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. Under Chapter 48, a member generally has the right to inspect specified corporate records on reasonable notice, with statutory limits on confidential records.

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 — they are typically the first an owner obtains.

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 non-condo HOAs, Chapter 48 is the inspection authority if it comes from the corporation law.
• 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

• T.C.A. Title 66, Ch. 27 — Condominium Act of 2008 + Horizontal Property Act
• T.C.A. Title 48 — Tennessee Nonprofit Corporation Act