Tennessee Community Association Laws
Condominiums (TCA 66-27, 2008 Act), older condos (Horizontal Property Act), limited HOA provisions (TCA 66-27 Parts 6–8), corporate law (Title 48), TREC for brokerage/licensing. Reference hub
Tennessee takes a light-touch approach to common-interest communities. Condominiums are well-defined by the
Tennessee Condominium Act of 2008—including a modern reserve study cadence—while traditional single-family HOAs lean mostly on corporate law and a handful of targeted statutes in TCA 66-27 Parts 6–8. There’s no condo/HOA ombudsman and minimal rulemaking, so boards succeed when they run tight meetings, keep records clean, and follow their governing documents to the letter.
At a glance
- Condominiums: Tennessee Condominium Act of 2008 (TCA 66-27 Parts 2–5), incl. reserve studies and modern governance.
- Older condos: Horizontal Property Act (pre-2009 regimes) with limited updates.
- HOAs (single-family): Not a comprehensive HOA act—targeted provisions in Parts 6–8 (flags, voting records, leasing rights, non-essential amenity assessments) + Nonprofit Corporation Act.
- Corporate form: Most associations are nonprofit corporations under Title 48 (directors/officers, meetings, records).
- Regulators: No condo/HOA ombudsman. Brokerage/leasing activities are overseen by the Tennessee Real Estate Commission (TREC).
Primary Statutes
Condominiums — Tennessee Condominium Act of 2008
Applies to condos created ≥ Jan. 1, 2009 (some parts apply to older condos).
Parts 2–5 (Justia) ·
Unit Owners’ Association (Part 4) ·
Official TN Code portal (Lexis)
Horizontal Property Act (1963) — Older Condos
Governs pre-2009 regimes; see applicability in § 66-27-202.
Homeowners’ Associations — Targeted Provisions
No comprehensive HOA act; see Dedicatory Instruments (Part 6), HOA Part (7), Gated Subdivisions (Part 8).
Part 6 — Dedicatory Instruments ·
Part 7 — Homeowners’ Association ·
Part 8 — Gated Subdivision
Corporate Acts — Nonprofit Corporations (Title 48)
Formation, powers, directors/officers, meetings, records, member rights.
Nonprofit Corporations (Chs. 51–69) ·
Directors & Officers (Ch. 58)
Popular Sections (direct links)
Condominiums (2008 Act — Part 4)
HOA-Related (Parts 6–8)
- 66-27-602 — Flags: HOAs can’t prohibit display (with limits)
- 66-27-603 — Health/safety signage; applicability
- 66-27-702 — Provide voting record on request
- 66-27-703 — Vested right to lease residential property
- 66-27-706 — Special assessments for non-essential amenities; no foreclosure
- Part 8 — Gated subdivisions
Administrative Rules (Tennessee)
Tennessee does not publish condo/HOA-specific administrative codes like Florida’s 61B. Relevant state rules are limited.
State Rules Portal
TREC Rules (Licensing)
How rules are published
Management & Licensing
Is a CAM license required?
- Tennessee has no dedicated “CAM” license.
- If management includes brokerage activities (e.g., leasing units, collecting rent for owners), Real Estate licensure may apply under TREC.
- Community-focused tasks (budgets, covenant enforcement, vendor coordination) are typically non-brokerage.
Tennessee Real Estate Commission
Licensing Info
Confirm edge cases with TREC or counsel.
Condo-specific note: Reserve studies
- Boards overseeing common elements > $10,000 must conduct a reserve study and update it at least every 5 years; share with owners.
- Applicability exceptions: declarant-controlled boards, single-owner condos, or husband-and-wife tenancy by the entirety.
Governing Documents & Overlays
- Governing docs: Articles, plat, Declaration/CC&Rs, Bylaws, Board rules/resolutions.
- Federal overlays: Fair Housing Act, ADA (where applicable), FCC OTARD (antennas), FDCPA (collections), etc.
- State/local overlays: Building codes, stormwater, local ordinances. Limited HOA-specific statutes in TCA 66-27 Parts 6–8.
- Conflicts: Statutes control over conflicting documents; consult counsel for interpretation.
State Contacts
Tennessee Real Estate Commission (TREC)
- Scope: Licenses & regulates real estate brokerage; relevant when association management involves brokerage tasks.
- Rules: Chapter 1260
- Phone: (615) 741-2273
Tennessee Code (Official Portal)
- Tennessee Code via Courts/Lexis (accept terms to view; deep links may not persist)
- Title 66, Ch. 27 (Justia mirror)
Disclaimer
This page is a general reference and not legal advice. Laws and rules change; always verify the current text on the official linked sites and consult qualified counsel for your situation.
Last updated: September 8, 2025