Tennessee homeowners are in another split jurisdiction. Condominiums get a modern statute — the Tennessee Condominium Act of 2008, T.C.A. §§ 66-27-401 et seq., with a UCIOA-style super-priority lien (uniquely capped at 1% of the mortgage principal). Older condos may still be under the Horizontal Property Act, T.C.A. §§ 66-27-101 et seq. But Tennessee has no general HOA statute — non-condo HOAs run on the recorded covenants and the Tennessee Nonprofit Corporation Act, T.C.A. Chapter 48. (A Tennessee Homeowners Association Act has been proposed but not enacted as of mid-2026; check current legislative status.) 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. §§ 66-27-401 et seq. — UCIOA-based; the controlling statute for condominiums created (or opted in) under the act. 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 the 2008 Act.
- 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. Chapter 48 — 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 (unless your condo predates 2008 and was not opted in, in which case the Horizontal Property Act governs).
- If you own in a planned community or other non-condo HOA, no Tennessee statute does the same work. Your community runs 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 — there is typically no statutory backup. A bill proposing a Tennessee Homeowners Association Act has been introduced but, as of mid-2026, not enacted. 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."
The Tennessee priority structure is distinctive. The association has priority over a first mortgage or deed of trust in foreclosure 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
That 1% cap is unique to Tennessee. Most states cap the super-priority by months of assessments alone; Tennessee adds a secondary cap tied to the size of the first mortgage. On a $400,000 mortgage, the association's super-priority is capped at $4,000.
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 lien must be foreclosed judicially — there is no power-of-sale shortcut under the 2008 Act for condominium liens.
See Can a Tennessee HOA or Condo Foreclose Over Dues?.
Records, meetings, and fines
For condos, the Tennessee Condominium Act of 2008 and the recorded master deed and bylaws govern records, meetings, and fines. For non-condo HOAs, the recorded CC&Rs and the Tennessee Nonprofit Corporation Act do almost all of the work. Chapter 48's member-inspection provisions 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 as of mid-2026. Tennessee has a Condominium Act of 2008 for condos and an older Horizontal Property Act for some pre-2008 condos, but no general statute governing non-condo HOAs. A Tennessee Homeowners Association Act has been introduced as legislation but is not yet law — check the current legislative status for your specific community.
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. That is a relatively long window compared to many states.