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Is my HOA fine valid in Tennessee?

Tennessee has no comprehensive HOA fines statute. For condos, the 2008 Condominium Act allows fines only after notice and an opportunity to be heard, and only reasonable ones (§ 66-27-402(a)(11)); § 66-27-415 lets a condo lien include fines. For non-condo HOAs, fine authority comes from the recorded CC&Rs.

This is general information, not legal advice, and it does not decide whether your fine is valid. For your specific situation, a licensed Tennessee attorney is the right resource.

Check your notice

Answer a few questions about the Tennessee fine or violation notice you received, and see how it compares to what the law requires.

Question 1

1.Does the master deed (condos) or your recorded CC&Rs (non-condo HOAs) authorize the fine, for this conduct, by the procedure the documents specify?

Question 2

2.Before the fine, did you get notice and an opportunity to be heard — and did the board follow the master deed (or CC&Rs) procedure?

Question 3

3.Does the fine appear arbitrary or out of proportion rather than good-faith enforcement of a documented rule?

Answer all questions to see your result.

What Tennessee law requires before an HOA can fine you

Governing framework: Condominium Act of 2008 (T.C.A. ch. 66-27, parts 2–5) + governing documents.

For condos, the 2008 Act lets the association, subject to the declaration, levy reasonable fines for violations of the declaration, bylaws, and rules (§ 66-27-402(a)(11)); for non-condo HOAs, fine authority comes entirely from the recorded CC&Rs.

Statute: T.C.A. § 66-27-402(a)(11) (condos); recorded CC&Rs

For condos, the 2008 Act permits fines only “after notice and an opportunity to be heard” (§ 66-27-402(a)(11)), including condos created before 2009, though for them it does not supersede existing provisions of the master deed or bylaws (§ 66-27-202(a)). For non-condo HOAs, if the CC&Rs don’t grant a hearing right, there may be no statutory backup.

Statute: T.C.A. § 66-27-402(a)(11) (condos); master deed/CC&Rs

The Nonprofit Corporation Act governs the entity but doesn’t set a fines process; directors still owe duties of good faith and ordinary care (§ 48-58-301(a)), and a fine should be proportionate and authorized.

Statute: T.C.A. § 48-58-301(a) (incorporated associations)

Go deeper on Tennessee HOA law

Sources

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.