Tennessee Homeowners' Association Laws

As used in this part:

(1) “Dedicatory instrument”:

(A) Means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and

(B) Includes a declaration or similar instrument subjecting real property to:

(i) Restrictive covenants, bylaws, or similar instruments governing the administration or operation of a homeowners' association;

(ii) Properly adopted rules and regulations of a homeowners' association; or

(iii) All lawful amendments to the covenants, bylaws, instruments, rules, or regulations of a homeowners' association;

(2) “Homeowners' association” means an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and

(3) “Restrictive covenant” means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative.

Acts 2017, ch. 331, § 1.

(a) Except as provided in subsection (b), no homeowners' association shall adopt or enforce a dedicatory instrument provision that prohibits, or has the effect of prohibiting, a property owner from displaying the flag of the United States of America or an official or replica flag of any branch of the United States armed forces, on the property owner's property.

(b) A homeowners' association may adopt or enforce reasonable rules and regulations regarding the placement and manner for the display of the flag of the United States of America or an official or replica flag of any branch of the United States armed forces.

(c) The property owner must display the flag of the United States of America in accordance with 4 U.S.C. §§ 5-10.

(d) This section applies to dedicatory instruments:

(1) Created on or after July 1, 2017; or

(2) Amended on or after July 1, 2017.

Acts 2017, ch. 331, § 1; 2021, ch. 80, § 1.

(a) A homeowners' association shall not prohibit, by covenant, condition, restriction, or rule, the use of any sign posted to warn the public of health, safety, or dangerous natural conditions associated with water on the property when:

(1) The property owner has consulted with local or state authorities regarding a condition on the property that may pose a threat to health and safety to a person on the property and a liability, or potential liability, to the property owner; and

(2) The property contains a pond, including a retention or detention pond, or a lake, stream, river, or other natural body of water.

(b) A homeowners' association may adopt or enforce reasonable rules and regulations regarding the placement and manner for the display of the signs permitted by this section.

(c) This section does not alter, reduce, or eliminate any civil or criminal liability of a property owner for injuries arising from any condition on the owner's property.

(d) This section applies to dedicatory instruments entered into before, on, or after July 1, 2021.

Acts 2017, ch. 331, § 1; 2021, ch. 80, § 2.

As used in this part:

(1) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity, whether organized for-profit or not-for-profit;

(2) “Declaration” means an instrument, however denominated, that creates a homeowners' association, and amendments to that instrument, including restrictive covenants, bylaws, and similar instruments governing the administration or operation of a homeowners' association;

(3) “Effectively prohibit” means to act or fail to act in a manner that prevents an owner of a residential property that is subject to a declaration, and who is in reasonable compliance with rules and regulations, from using the residential property as a long-term rental property;

(4) “Family” means the members of a household living, on a full-time or a part-time basis, in one (1) dwelling;

(5) “Homeowners' association” means an incorporated or unincorporated association owned by, or whose members consist primarily of, the owners of the residential property covered by the declaration and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision;

(6) “Long-term rental property” means a single family residential real property that is leased by the owner to a lessee for a period of one hundred eighty (180), or more, consecutive days;

(7) “Nonessential amenity”:

(A) Means an amenity that is not essential to the daily regular operation of the community, including a pool, tennis court, or club house; and

(B) Does not include:

(i) A road, utility, or other amenity that is necessary to the daily regular operation of a community; or

(ii) An amenity described in the declaration but not yet built;

(8) “Prohibit” means to forbid or ban, either permanently or temporarily, an owner of a residential property that is subject to a declaration from using the residential property as a long-term rental property;

(9) “Related” means children, parents, grandparents; any degree of great-grandparents, aunts, or uncles; any degree of great-aunts, great-uncles, or stepparent; cousins of the first degree; first cousins once removed; siblings of the whole or half degree; or a spouse of the above listed relatives;

(10) “Rules and regulations” means written policies, resolutions, guidelines, restrictions, and procedures of a homeowners' association, however denominated, which are not set forth in the declaration and which govern the conduct of persons or the use or appearance of property;

(11) “Single family residential real property”:

(A) Means a separate free-standing building intended for use as a dwelling by a single family or individual and that does not have a common or shared roofline with another building intended for use as the dwelling of another; and

(B) Does not include a condominium or unit as those terms are defined by § 66-27-203; and

(12) “Transfer” means the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property located in this state. However, “transfer” does not mean:

(A) If the owner is an individual, the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property to:

(i) An individual who is related to the owner;

(ii) An heir; or

(iii) A business entity in which the owner holds an ownership interest; or

(B) If the owner is a business entity, the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property to another business entity, as long as:

(i) The transferee business entity is wholly owned and completely controlled by the owner or a business entity that wholly owns and completely controls the owner; and

(ii) It is the first sale, gift, grant, conveyance, assignment, or other transfer of an interest in the real property since the owner acquired the interest in the real property.

Acts 2021, ch. 151, § 1; 2024, ch. 691, § 1.

A homeowners' association shall, upon written request from a member, provide a record of the votes cast in a vote to amend a declaration that prohibits or effectively prohibits the use of residential property as long-term rental property. The record must include the following:

(1) The language of the ballot questions used;

(2) Proof of mailing;

(3) The number of members present at a meeting at which the vote is taken;

(4) The total number of members of the homeowners' association;

(5) The total number of votes that the governing body of the homeowners' association is entitled to cast;

(6) The number of members required for a quorum; and

(7) The final count of votes cast.

Acts 2021, ch. 151, § 1.

The owner of a property subject to a declaration that is amended to prohibit, or effectively prohibit, the use of single family residential real property as long-term rental property during the period of the owner's ownership of the property has a vested right to use the property as long-term rental property until the owner transfers the property.

Acts 2021, ch. 151, § 1.

(a) A business entity that owns residential property in this state that is subject to a declaration shall send to the homeowners' association for the property a written notice of the following:

(1) A change in contact information for the business entity; or

(2) A transfer of the ownership interest in the residential property.

(b) The business entity must send the notice required by this section within thirty (30) business days of the occurrence of an event listed in subdivision (a)(1) or (a)(2). The business entity may send the notice by electronic means to the homeowners' association and to a property manager designated by the homeowners' association, as long as the homeowners' association has provided the business entity with contact information for the purpose of electronic communications.

Acts 2021, ch. 151, § 1.

Sections 66-27-702, 66-27-703, and 66-27-704 apply to declaration amendments that are enacted on or after May 1, 2021.

Acts 2021, ch. 151, § 1; 2024, ch. 691, § 2.

(a) A homeowners' association seeking to levy a special assessment on its members for a nonessential amenity must:

(1) Pass the assessment by at least a two-thirds ( ⅔ ) majority vote of the total members in the homeowners' association; and

(2) Provide members with financing or a payment plan over a defined period of time.

(b) If a member of the homeowners' association fails to pay a special assessment for a nonessential amenity, then the homeowners' association shall not take a foreclosure action against the property or the member for failure to pay the special assessment.

Acts 2024, ch. 691, § 3.

As used in this part:

(1) “Gated subdivision” means a neighborhood with at least three hundred (300) single family residential homes and two (2) or more gates restricting ingress and egress to the neighborhood from a public street; and

(2) “Homeowners' association” has the same meaning as defined in § 66-27-701.

Acts 2024, ch. 645, § 1.

(a)

(1) A member of a homeowners' association for a gated subdivision may request a report from the board of directors for the homeowners' association regarding criminal activity in the subdivision.

(2) If the board receives a request pursuant to subdivision (a)(1), then the board must:

(A) Contact the local law enforcement office with jurisdiction over the gated subdivision to obtain and compile a report of police activities and arrests in the gated subdivision; and

(B) Make the report available to each household in the subdivision. Copies of the report may be delivered through the management company for the homeowners' association and may be delivered by electronic mail or regular mail delivery.

(b) This section only applies to homeowners' associations for gated subdivisions in a county having a population of not more than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or any subsequent federal census.

Acts 2024, ch. 645, § 1.

As used in this part:

(1) “Board of directors” means the body, regardless of name, designated in the declaration to act on behalf of a homeowners' association;

(2) “Declaration” means an instrument, however denominated, that creates a homeowners' association, and amendments to that instrument, including restrictive covenants, bylaws, and similar instruments governing the administration or operation of a homeowners' association; and

(3) “Homeowners' association” or “HOA”:

(A) Means an incorporated or unincorporated association owned by, or whose members consist primarily of, the owners of the residential property covered by the declaration and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision; and

(B) Includes a unit owners' association organized under § 66-27-401.

Acts 2026, ch. 731, § 1.

A homeowners' association collecting assessments for common expenses shall obtain and maintain a blanket fidelity bond to insure the HOA against losses resulting from theft or dishonesty committed by the officers, directors, or persons employed by the HOA, or committed by any managing agent or employee of the managing agent. Such bond or insurance policy must provide coverage in an amount equal to the reserve balances of the association plus one-fourth (¼) of the aggregate annual assessment income of such HOA; provided, that the minimum coverage amount must be ten thousand dollars ($10,000). The board of directors or managing agent may obtain such bond or insurance on behalf of the HOA.

Acts 2026, ch. 731, § 1.

As used in this part:

(1) “Declaration” means an instrument, however denominated, that creates a homeowners' association, and amendments to that instrument, including restrictive covenants, bylaws, and similar instruments governing the administration or operation of a homeowners' association;

(2) “Homeowners' association” means an incorporated or unincorporated association owned by, or whose members consist primarily of, the owners of the residential property covered by the declaration and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision;

(3) “Prohibit” includes a prohibition set forth in the homeowners' association's declaration or rules and regulations; and

(4) “Rules and regulations” means written policies, resolutions, guidelines, restrictions, and procedures of a homeowners' association, however denominated, which are not set forth in the declaration and which govern the conduct of persons or the use or appearance of property.

Acts 2026, ch. 914, § 2.

(a) A homeowners' association shall not prohibit a property owner from installing an electric vehicle charging station for the property owner's personal use on the property owner's property, including the property owner's designated parking location. A homeowners' association may establish reasonable restrictions concerning the number, size, placement, and manner of placement or installation of such electric vehicle charging station on the exterior of the property owner's property.

(b) A homeowners' association may prohibit or restrict the installation of electric vehicle charging stations in common areas maintained by the homeowners' association within the area served by the homeowners' association and may establish reasonable restrictions as to the number, size, placement, and manner of placement or installation of electric vehicle charging stations in the common area; provided, that if a property owner's designated parking location is within a common area maintained by the homeowners' association, the association shall not prohibit the installation of an electric vehicle charging station in the property owner's designated parking location.

(c) A property owner installing an electric vehicle charging station shall indemnify and hold the homeowners' association harmless from all liability, including reasonable attorney's fees incurred by the association resulting from a claim, arising out of the installation, maintenance, operation, or use of such electric charging station. A homeowners' association may require the property owner to obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, or use of the electric vehicle charging station and require the homeowners' association to be included as a named insured on such policy.

(d) A homeowners' association is not responsible for the maintenance of an electric vehicle charging station installed by a property owner or an electric vehicle for which the electric vehicle charging station is used.

Acts 2026, ch. 914, § 2.