HOA LAWS AND REGULATIONS

  • Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of condominium and homeowners’ associations in the state of Tennessee.

  • Tennessee Human Rights Act & Disability Act – The Act prohibits housing discrimination based on race, color, creed, religion, sex, disability, familial status or national origin. The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination can file a complaint with the Tennessee Human Rights Commission or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in federal district court within two (2) years of the discriminatory act.

  • Federal Debt Collection Practices Act (FDCPA): Tennesseans are protected against abusive, unfair, or deceptive debt collection practices under the FDCPA. Victims of debt collector harassment or unfair debt collection practices can file a complaint against a debt collector with the FTC, or the CFPB. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation.

  • Tennessee Nonprofit Corporation Act, Tenn. Code § 48-51-101, et seq. The statute governs all non-profits with regard to corporate structure and procedure. Most associations in Tennessee are organized as nonprofit corporations. Visit the Secretary of State’s website to check an association’s corporate status.

  • Tennessee Horizontal Property Act, Tenn. Code Ann. §§ 66-27-101 through 66-27-123. The Act governs condominiums associations created before January 1, 2009. Please read the Applicability section 66-27-202.

  • Tennessee Condominium Act of 2008, Tenn. Code Ann. §§ 66-27-201 through 66-27-507. The Act applies to all condominiums created within this state after January 1, 2009, and in parts to all condominiums created in this state before January 1, 2009; but those sections apply only with respect to events and circumstances occurring after January 1, 2009. Please read the Applicability section 66-27-202.

  • Tennesse Homeowners’ Association Act: Tennessee legislators are considering bill SB405 that would govern the management and operations of homeowners' associations in Tennessee. Because the law is still working its way through the legislature, Tennessee homeowners' associations are currently not subject to any state regulations. However, if an association is organized as a non-profit, as is the case with most Tennessee associations, it will be governed by the Tennessee Nonprofit Corporation Act.

  • Tennessee Freedom of Speech Act, Tenn. Code Ann. § 2-7-143(b)(2). The Act prohibits homeowners’ associations from restricting the display of political or campaign posters or signs on private property by the owner of the property. Homeowners’ association may adopt reasonable rules about the placement and size of such signs.

LEGAL RESOURCES

GOVERNMENT AGENCIES

HOA CONTACT INFORMATION AND DOCUMENTS

  • Tennessee Secretary of State - The government agency provides information on elections, businesses, licensing, and securities.

    • HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, mailing address, statutory agent, corporate status, annual report filing history, and other corporation documents, such as the association’s articles of incorporation.

    • HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

  • Tennessee Property Viewer - Obtain parcel, subdivision, and owner information on a particular property.

  • Real Estate Assessment Data - State’s assessment of real estate for property tax purposes.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.