Tennessee HOA Laws

Currently, there is no state legislation in Tennessee that specifically regulates homeowners associations. But, there are still a handful of laws that apply to HOAs. Understand what theseĀ Tennessee HOA laws are below.

 

For Homeowners Associations

Senate Bill 405, also known as the Tennessee Homeowners Association Act, is a bill that legislators in Tennessee are still considering. When enacted, this bill will regulate the operations and management of homeowners associations in the state. However, as of now, no specific statute governs homeowners associations. If an HOA is organized as a non-profit corporation, though, it will adhere to the Tennessee Nonprofit Corporation Act.

 

For Condominiums

There are two Acts that apply to condominium associations in Tennessee. The first is the Tennessee Condominium Act of 2008, which governs condominiums formed after January 1, 2009. Some provisions of this Act also apply to condominiums formed prior to January 1, 2009, but they only apply to situations and events that take place after said date.

The second is the Tennessee Horizontal Property Act. This Act regulates condominium associations formed prior to January 1, 2009.

 

Tennessee Condominium Act of 2008

The Tennessee Condominium Act of 2008 covers a variety of topics in relation to condominium associations. It discusses the powers of the COA board, meetings, voting rules, insurance requirements, and liens for assessments. Section 66-27-602 also restricts condo associations from prohibiting the display of the U.S. flag.

You can find the Tennessee Condominium Act of 2008 under Title 66, Chapter 27 of the Tennessee Code. It consists of five parts, each one broken down further into sections.

Part 2 – General Provisions

Part 3 – Units and Allocation of Common and Limited Elements

Part 4 – Unit Owners’ Association

Part 5 – Units Restricted to Residential Purposes

Part 6 – Display of Flags

 

Tennessee Horizontal Property Act

You can find the Horizontal Property Act under Title 66, Chapter 27 of the Tennessee Code. It consists of the following sections:

 

Tennessee HOA Laws on Corporate Governance

The Tennessee Nonprofit Corporation Act regulates the corporate procedure, management, and structure of non-profit corporations in the state. A majority of associations in Tennessee are incorporated as non-profits and are, therefore, governed by this Act.

You can find the Tennessee Nonprofit Corporation Act underĀ Title 48, Chapters 51 to 69 of the Tennessee Code. The chapters are listed below.

 

Tennessee HOA Laws on Political Signs

Some homeowners associations might prohibit members from displaying political signs on their own property. According to the HOA laws of Tennessee, though, this sort of restriction is unenforceable.

Under the Tennessee Freedom of Speech Act, homeowners associations may not restrict members from displaying political signs or campaign posters on their own private property. But, associations may place reasonable rules that regulate the size and placement of these signs.

 

Fair Housing

The Tennessee Human Rights Act & Disability Act protects citizens from housing discrimination based on color, race, national origin, sex, creed, religion, familial status, or disability. It is similar in function to the federal Fair Housing Act.

Victims can report discriminatory acts to the U.S. Department of Housing and Urban Development or the Tennessee Human Rights Commission. They may also file a lawsuit in federal district court within 2 years of the act.

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