Tennessee homeowners are in another split jurisdiction. Condominiums get a modern statute — the Tennessee Condominium Act of 2008, T.C.A. §§ 66-27-201 et seq., with an assessment lien whose priority over a first mortgage is capped at 1% of the mortgage's maximum principal indebtedness (§ 66-27-415(b)(2)). Older condos may still be under the Horizontal Property Act, T.C.A. §§ 66-27-101 et seq. But Tennessee has no comprehensive HOA statute — non-condo HOAs run mainly on the recorded covenants and the Tennessee Nonprofit Corporation Act (T.C.A. Title 48, chapters 51–68), plus a short "Homeowners' Association" part of the code (T.C.A. §§ 66-27-701 to -706) and a few other narrow sections that cover only specific topics. For your specific situation, a licensed Tennessee attorney is the right resource. This is general information, not legal advice.
The full Tennessee stack typically includes:
- The Tennessee Condominium Act of 2008, T.C.A. §§ 66-27-201 et seq. — the controlling statute for condominiums created after January 1, 2009, or that elected in (§ 66-27-202). Key sections include the assessment lien (§ 66-27-415).
- The Horizontal Property Act, T.C.A. §§ 66-27-101 et seq. — the older Tennessee condo statute that still governs some condos created before January 1, 2009.
- The recorded master deed/declaration and bylaws (for condos) or recorded CC&Rs (for HOAs) — the operating documents.
- The Tennessee Nonprofit Corporation Act, T.C.A. Title 48, chapters 51–68 (§ 48-51-101) — entity law for incorporated associations. Especially important for non-condo HOAs.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.
The Tennessee split: condos vs. non-condo HOAs
This is the threshold question:
- If you own a condominium, the Tennessee Condominium Act of 2008 controls for condos created after January 1, 2009. Older condos stay under the Horizontal Property Act unless they opted in, but several 2008-Act sections — including the fine, lien, and records rules — also apply to them for events after that date (T.C.A. § 66-27-202(a)).
- If you own in a planned community or other non-condo HOA, no Tennessee statute does the same work; only a few narrow provisions, such as T.C.A. §§ 66-27-701 to -706, apply. Your community runs mainly on the recorded CC&Rs and the Tennessee Nonprofit Corporation Act if incorporated.
A practical consequence: in non-condo Tennessee HOAs, if your CC&Rs don't grant a right — like notice and a hearing before fines — no Tennessee statute supplies it. See Which Tennessee Laws Govern Your HOA or Condo?.
The condominium super-priority lien — and its 1% cap (T.C.A. § 66-27-415)
For condos under the 2008 Act, Section 66-27-415 gives the association a lien on a unit "for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due, which lien may be foreclosed by judicial action."
In a foreclosure under title 35, chapter 5, the association has priority over a first mortgage or deed of trust in the sale proceeds for:
- The common-expense assessments that would have become due in the absence of acceleration during the six (6) months immediately preceding the lien-enforcement action,
- But not exceeding one percent (1%) of the maximum principal indebtedness of a lien secured by the first mortgage or deed of trust
The second cap is tied to the size of the first mortgage: on a $400,000 mortgage, the association's priority is capped at $4,000. Section 66-27-415(d)(2) also ties the priority to a notice step: where the owner or the first-mortgage holder has given the association the holder's name and address in writing, and the association "has failed, within thirty (30) days of the date that six (6) months of assessments for common expenses due from the unit became delinquent, to give written notice of the delinquency" to that holder, the lien "shall not have the priority provided for in subdivision (b)(2)(A)" over that mortgage.
The lien also has a six-year limitations period: "A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the date the lien for the assessment becomes effective."
The statute's default is judicial foreclosure, but the declaration may instead provide that the lien "may be foreclosed in like manner as a deed of trust with power of sale," with notice to the unit owner and lienholders of record (§ 66-27-415(a)(2)).
See Can a Tennessee HOA or Condo Foreclose Over Dues?.
Records, meetings, and fines
For condos, the Tennessee Condominium Act of 2008 sets a floor — fines only "after notice and an opportunity to be heard" and only "reasonable fines" (T.C.A. § 66-27-402(a)(11)), and records "reasonably available for examination by any unit owner" (§ 66-27-417) — and the recorded master deed and bylaws fill in the rest. For non-condo HOAs, the recorded CC&Rs and the Tennessee Nonprofit Corporation Act do almost all of the work. Title 48's member-inspection provisions (T.C.A. § 48-66-102) are an important backstop for incorporated non-condo HOAs when the CC&Rs are silent. See Getting Your Tennessee HOA's Records, Attending HOA Meetings in Tennessee, and Challenging an HOA Fine in Tennessee.
When a rule may not hold up
A Tennessee rule has to fit within authority the master deed (or CC&Rs) and applicable statute grant, follow the documents' own procedure, be applied evenhandedly, and yield to federal law. See When Is a Tennessee HOA Rule Unenforceable?.
Frequently asked questions
Does Tennessee have a general HOA statute?
Not a comprehensive one. Tennessee has a Condominium Act of 2008 for condos and an older Horizontal Property Act for some condos created before 2009. Non-condo HOAs are reached only by a few narrow statutes, such as the short "Homeowners' Association" part of the code (T.C.A. §§ 66-27-701 to -706), which covers declaration amendments that ban long-term rentals, notices from business-entity owners, and special assessments for nonessential amenities — not records deadlines, fines, or hearings. Two 2026 laws added new parts to the same chapter: an electric vehicle charging station rule in effect since July 1, 2026 (T.C.A. § 66-27-1002, from 2026 Pub. Ch. 914), and a blanket fidelity bond requirement for associations collecting assessments for common expenses, starting January 1, 2027 (T.C.A. § 66-27-902, from 2026 Pub. Ch. 731).
How does Tennessee's condo lien 1% cap work?
Under § 66-27-415, the association's super-priority over a first mortgage in foreclosure proceeds is capped at six months of common-expense assessments and at 1% of the maximum principal indebtedness of the first mortgage. The lower of those two amounts controls. A licensed Tennessee attorney can apply that to a specific lien.
What is the time limit for enforcing a Tennessee condo lien?
A condo lien under § 66-27-415 is extinguished if not enforced within six years after the lien becomes effective (§ 66-27-415(e)).
Sources
- Tennessee Code Annotated — official public access (§§ 66-27-101, 66-27-201, 66-27-202, 66-27-402, 66-27-415, 66-27-417; §§ 66-27-701 to 66-27-706; § 66-27-902; § 66-27-1002; § 48-51-101; § 48-66-102)
- 2026 Pub. Ch. 914 (HB 1875) — EV charging stations
- 2026 Pub. Ch. 731 (SB 2326) — HOA fidelity bonds (effective January 1, 2027)