Tennessee Condos & HOAs: The Condominium Act

Tennessee condominiums are governed by Title 66, Chapter 27 — including the Tennessee Condominium Act of 2008, which covers creation, unit-owner associations, and residential disclosure requirements. Older buildings may fall under the earlier Horizontal Property Act. Homeowners' associations operate under their recorded covenants.

This is general information, not legal advice. Tennessee condo and HOA rules depend heavily on your community’s own recorded documents — confirm the current rule on the official source below, or talk to a Tennessee attorney.

Owning in a condo or HOA means two layers of rules apply: state law and your community’s recorded documents.

Condominiums (Title 66, Chapter 27)

Tennessee condominiums are governed by Title 66, Chapter 27, which includes the Tennessee Condominium Act of 2008. That act addresses:

creation of the condominium,
unit-owner associations, and
residential disclosure requirements for sales.

Older buildings are sometimes governed by the earlier Horizontal Property Act, so which rules apply can depend on when the condominium was created.

Homeowners’ associations

Homeowners’ associations (HOAs) operate under their recorded covenants — the CC&Rs and related governing documents recorded against the community. These set the rules, assessments, and the association’s powers. Before buying, read the recorded documents carefully, because they bind every owner.

Where to go next

Both condo declarations and HOA covenants live in the public record — see recording and title for how recording works. Sellers in these communities still owe the residential disclosure covered in buying and selling a home. For more statewide property basics, see the real estate hub.

To get matched with a local Tennessee real estate attorney, connect with a lawyer.

Frequently asked questions

What law governs Tennessee condominiums?

Title 66, Chapter 27 — including the Tennessee Condominium Act of 2008, which addresses creation, unit-owner associations, and residential disclosure requirements. Older buildings may be under the earlier Horizontal Property Act.

What rules govern a Tennessee HOA?

Homeowners' associations operate under their recorded covenants — the CC&Rs and related documents recorded against the community — which set the rules, assessments, and the association's powers.

Are condo disclosures required in Tennessee?

The Tennessee Condominium Act of 2008 includes residential disclosure requirements as part of how condominiums are created and sold (Title 66, Chapter 27).

Related guides

Buying & Selling a Home in Tennessee: Disclosure & Deeds Under Tennessee's Residential Property Disclosure Act, the seller of residential property (1–4 units) generally must give the buyer a residential property disclosure statement describing the property's known condition and defects — or, where allowed, an 'as is' disclaimer. The disclosure is not a warranty and not a substitute for an inspection. To be recorded, a deed must be signed and either acknowledged before a notary or proved by two subscribing witnesses.

How to Hold Title in Tennessee: Survivorship & Entirety Tennessee co-owners hold title as tenants in common (the default) or with a right of survivorship. Tennessee has abolished automatic survivorship in joint tenancy, so survivorship exists only if the deed expressly creates it; otherwise co-owners take as tenants in common. Tennessee does recognize tenancy by the entirety for married couples, which carries survivorship and creditor-protection features.

Recording & Title in Tennessee: Register of Deeds Tennessee deeds are recorded with the county register of deeds. Tennessee is a notice-type recording state: an unregistered instrument is null and void as to creditors and bona-fide purchasers without notice. Among recorded instruments, priority generally follows the order of recording, so recording promptly protects your interest.

Tennessee Evictions: FED, the 14-Day Notice & Court A Tennessee eviction is a forcible entry and detainer (unlawful detainer) action, usually filed in general sessions court. Under the URLTA, for nonpayment of rent a landlord may give a 14-day notice — if the rent isn't paid within 14 days of receipt, the rental agreement terminates. Self-help eviction is not allowed; the landlord must use the court process.

Tennessee Landlord–Tenant Rules: URLTA & Deposits Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) applies only in counties with a population over 75,000; smaller counties follow common-law and lease terms. Where the URLTA applies and a landlord requires a security deposit, the landlord must hold it in a separate account used only for deposits and tell the tenant where it is kept.