Which Tennessee Laws Govern Your HOA or Condo?

Tennessee's community-association framework splits between condos (well-covered) and non-condo HOAs (covenant-driven). Knowing which framework applies is the starting point for almost every dispute. For your specific situation, a licensed Tennessee attorney is the right resource. This is general information, not legal advice.

Condominiums: the Tennessee Condominium Act of 2008 (T.C.A. §§ 66-27-401 et seq.)

For condominiums created (or opted in) under the 2008 Act, the Tennessee Condominium Act of 2008 is the controlling statute. It is UCIOA-based and covers:

• The assessment lien (§ 66-27-415) — six-month super-priority, capped at 1% of the first mortgage's maximum principal indebtedness, six-year limitations period, judicial foreclosure
• Common-expense assessments and budgets
• Voting, meetings, and association powers
• Unit-owner protections and remedies

The recorded master deed and bylaws fill in the operational detail.

Older condos: the Horizontal Property Act (T.C.A. §§ 66-27-101 et seq.)

Tennessee's original condo statute, the Horizontal Property Act, remains in effect for some condos that predate the 2008 Act and were not opted into the newer framework. The HPA is less comprehensive than the 2008 Act; the recorded master deed does more of the work.

Non-condo HOAs: no general statute

For non-condo HOAs, there is no Tennessee statute parallel to the Condominium Act of 2008. Your community runs on:

• The recorded CC&Rs — these do almost all the work; the source of all association powers, including any lien rights
• The Tennessee Nonprofit Corporation Act, T.C.A. Title 48 — for incorporated HOAs, supplies director duties, member rights, and meeting and recordkeeping procedures

A Tennessee Homeowners Association Act has been introduced as legislation, but as of mid-2026 it has not been enacted. Check the current legislative status — Tennessee law on HOAs may be updated.

How the layers fit

1. The recorded master deed/declaration (condos) or CC&Rs (HOAs) and bylaws — the community's own documents.
2. The Tennessee Condominium Act of 2008 (T.C.A. §§ 66-27-401 et seq.) for newer condos — or the Horizontal Property Act (T.C.A. §§ 66-27-101 et seq.) for older condos — or no general statute for non-condo HOAs.
3. The Tennessee Nonprofit Corporation Act (T.C.A. Title 48) for the incorporated entity.
4. Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.

From records to fines to the assessment lien, the condo-vs-non-condo split is the starting point for most Tennessee homeowner questions.

Sources

• T.C.A. Title 66, Ch. 27 — Horizontal Property + Condominium Act of 2008
• T.C.A. § 66-27-415 — Condominium Act lien for assessments
• T.C.A. Title 48 — Tennessee Nonprofit Corporation Act