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Which Tennessee Laws Govern Your HOA or Condo?

By The HOARebel Team · June 1, 2026 · 4 min read · Updated October 12, 2026

Statutes last fully checked against the official text in .

Not legal advice. This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.

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.

What law governs condos in Tennessee?

It depends on when the condo was created. Condominiums created after January 1, 2009, or that elected in, follow the Tennessee Condominium Act of 2008, Tenn. Code Ann. §§ 66-27-201 et seq. Older condos stay under the Horizontal Property Act unless they elect in, though several 2008-Act sections also apply to them for events after that date.

For condominiums created after January 1, 2009 (or that elected in), the Tennessee Condominium Act of 2008 is the controlling statute (T.C.A. §§ 66-27-201, 66-27-202). It 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 unless the declaration provides for a power of sale
  • Common-expense assessments and budgets
  • Voting, meetings, and association powers
  • Fines only after notice and an opportunity to be heard, and only reasonable fines (§ 66-27-402(a)(11))
  • Unit-owner protections and remedies

Two 2026 laws also reach these condos. Since July 1, 2026, a 2008-Act association "shall not prohibit, including through the association's declaration or rules and regulations, a unit owner from installing an electric vehicle charging station for the unit owner's personal use on property owned by the unit owner," though it may set reasonable restrictions (T.C.A. § 66-27-419, from 2026 Pub. Ch. 914, which applies to actions taken, and declarations entered into, renewed, or amended, on or after that date). And the fidelity-bond requirement that starts January 1, 2027 (§ 66-27-902, from 2026 Pub. Ch. 731) covers condo associations too: for that part, a homeowners' association "[i]ncludes a unit owners' association organized under § 66-27-401" (§ 66-27-901(3)(B)).

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, still governs condos created before January 1, 2009, that have not opted into the newer framework (§ 66-27-202(c) describes how an older condo can elect in). Several 2008-Act sections — including the fines power in § 66-27-402(a)(11), the lien in § 66-27-415, and records access in § 66-27-417 — also apply to these older condos for events after January 1, 2009, without overriding their existing documents (T.C.A. § 66-27-202(a)).

Does Tennessee have a law for non-condo HOAs?

No general one. No Tennessee statute parallels the Condominium Act of 2008 for non-condo HOAs; they run on the recorded CC&Rs and, if incorporated, the Nonprofit Corporation Act, Tenn. Code Ann. § 48-51-101. A few narrow statutes, such as §§ 66-27-701 to -706, reach them, but none sets records deadlines or fining procedures.

In more detail, a non-condo community runs on:

  • The recorded CC&Rs — these do almost all the work; the main source of association powers, including any lien rights
  • The Tennessee Nonprofit Corporation Act, T.C.A. Title 48, chapters 51–68 (§ 48-51-101) — for incorporated HOAs, supplies director duties, member rights, and meeting and recordkeeping procedures

A few narrow statutes do reach non-condo HOAs — for example, the short "Homeowners' Association" part of the code (T.C.A. §§ 66-27-701 to -706) covers declaration amendments that ban long-term rentals, notices from business-entity owners, and special assessments for nonessential amenities. Two 2026 laws added new parts to the same chapter: since July 1, 2026, a homeowners' association "shall not prohibit a property owner from installing an electric vehicle charging station for the property owner's personal use on the property owner's property" (T.C.A. § 66-27-1002, from 2026 Pub. Ch. 914, which applies to actions taken, and declarations entered into, renewed, or amended, on or after that date), and starting January 1, 2027, an association "collecting assessments for common expenses shall obtain and maintain a blanket fidelity bond" (T.C.A. § 66-27-902, from 2026 Pub. Ch. 731). None of them sets records deadlines or fining procedures.

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. §§ 66-27-201 et seq.) for newer condos — or the Horizontal Property Act (T.C.A. §§ 66-27-101 et seq.) for older condos — or, for non-condo HOAs, no comprehensive statute (only narrow provisions such as T.C.A. §§ 66-27-701 to -706).
  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

Keep reading

More Tennessee HOA guides

The Tennessee HOA guide covers the governing statute and lists every Tennessee article.