How do I dispute an HOA assessment or fine in Tennessee?
Tennessee modernized condo law in 2008 with a UCIOA-based statute, but planned-community HOAs still rely largely on recorded restrictive covenants and contract law.
1. Governing Statute
2. CC&Rs and Bylaws
Restrictive covenants recorded with the register of deeds run with the land. Construction is generally strict against the drafter when ambiguous, but covenants are favored when expressing clear intent (Maples Homeowners Ass'n v. T & R Nashville L.P., 993 S.W.2d 36).
3. Common Disputes
Architectural changes, fencing, exterior color, landscape, parking, pets, lease restrictions (post-2008 condos permit reasonable rental rules in declaration), assessment increases, fines, late fees.
4. Internal Dispute Resolution
Under the 2008 Act, before imposing a fine or suspension, the association must give the unit owner notice and an opportunity to be heard at a hearing before the executive board (§ 66-27-407). Hearing decision must be in writing. Older condos and HOAs follow the declaration's procedures.
5. Alternative Dispute Resolution
ADR is not statutorily mandated, but many declarations require mediation. Tennessee Uniform Arbitration Act (Tenn. Code Ann. § 29-5-301) enforces arbitration clauses. Tennessee Supreme Court Rule 31 Alternative Dispute Resolution applies once litigation begins.
6. Lien & Foreclosure
The 2008 Condominium Act provides a statutory lien for unpaid assessments (§ 66-27-415); up to 6 months of common expense assessments have priority over the first mortgage (Tennessee super-lien). Foreclosure may be nonjudicial if the declaration provides power of sale, otherwise judicial. Older condos under the Horizontal Property Act have a contract lien with priority based on recording.
7. Open Meeting & Record Inspection
2008 Act requires open board meetings with limited executive session (§ 66-27-408). Owners may inspect financial records, minutes, contracts, and the membership list (§ 66-27-409). Older condos and HOAs follow the declaration.
8. Statutory Caps
Solar collectors (Tenn. Code Ann. § 66-27-301 — HOA covenant may not prohibit reasonable solar; Tennessee Solar Easements and Rights Act). Flag display (federal Freedom to Display Act). Satellite dishes (federal OTARD). HOAs may not unreasonably restrict ground-mounted satellite reception devices over an owner's exclusive area.
9. Lawsuit Remedies
Declaratory judgment (Tenn. Code Ann. § 29-14-101), injunction, breach of fiduciary duty (§ 66-27-405 — directors owe duty of care and loyalty), and prevailing-party attorney's fees when the declaration, bylaws, or statute provide (§ 66-27-415(f)).
This is legal information, not legal advice.
- Notice of nonjudicial foreclosure sale for unpaid assessments
- Disputed amendment to restrictive covenants adopted without required vote
- Selective enforcement against you while ignoring similar violations
- Tenn. Code Ann. §§ 66-27-201 to 66-27-603 (Condominium Act of 2008)
- Tenn. Code Ann. §§ 66-27-101 to 66-27-123 (Horizontal Property Act)
- Tenn. Code Ann. § 66-27-407 (fines & hearings)
- Tenn. Code Ann. § 66-27-415 (lien & super-lien)
- Tenn. Code Ann. § 66-27-301 (solar)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.