The Tennessee Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association (HOA) is a legally binding document that outlines the rules, regulations, and expectations governing a particular residential community or neighborhood in the state of Tennessee. It serves as the foundation for maintaining order, harmony, and uniformity within the community, ensuring that property values are protected, and residents have an enjoyable living experience. The Tennessee Declaration of Covenants, Conditions, and Restrictions of HOA outlines various powers and duties that the association has over its members. These powers typically include the authority to enforce the rules and regulations, collect assessments, maintain common areas, and resolve disputes among homeowners. The document also establishes the rights and responsibilities of homeowners within the community. Keywords: Tennessee, Declaration of Covenants, Conditions, Restrictions, Homeowners' Association, Powers, Duties, Residential community, Rules, Regulations, Expectations, Property values, Residents, Living experience, Powers and duties, Authority, Assessments, Common areas, Disputes, Rights, Responsibilities. Different types of Tennessee Declarations of Covenants, Conditions, and Restrictions of Homeowners' Association can be categorized based on the specific nature of the community they govern. These may include: 1. Master-Planned Community: This type of Declaration applies to residential communities that are part of a larger development or planned community. It often includes provisions governing the use of amenities like parks, playgrounds, golf courses, swimming pools, or community centers. 2. Gated Community: In these communities, access to the neighborhood is restricted to residents and authorized personnel. The Declaration may outline rules related to security, gate operations, and the use of common elements within the gated area. 3. Condominium or Townhouse Association: Declarations for these types of developments typically address issues of shared ownership, maintenance responsibilities for common areas, and the use of limited common elements, such as parking spaces, balconies, or patios. 4. Age-Restricted Community: These Declarations often include provisions that restrict residency to individuals above a certain age, typically 55 or older. They may also incorporate regulations specific to facilities or activities geared towards seniors, such as fitness centers or social clubs. 5. Lake or Waterfront Community: Declarations for communities located near lakes or waterfronts may include regulations regarding lake access, boat docks, water activities, and shoreline maintenance. It is important for prospective homeowners to carefully review and understand the specific Declaration of Covenants, Conditions, and Restrictions before purchasing a property within an HOA community. By doing so, they can ensure they are in compliance with the established rules and contribute to a harmonious living environment.
Tennessee Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
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If you miss an HOA payment, you'll receive a notice that you failed to pay. In most cases, a late fee will be added to your amount due. If you don't pay within 30 days, the amount of that fine may be increased and you may have your HOA privileges suspended.
In Tennessee, the median monthly HOA fee is $150, making it the state with the fifth-lowest dues. To put it into perspective, HOA dues account for 12.4 percent of total monthly housing costs in the Volunteer State. In comparison, the median monthly HOA fee nationwide is $290.
The CC&Rs set out the rules of the HOA community. They describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. The bylaws, on the other hand, govern how the HOA operates.
The CC&Rs must be recorded with the county recorder's office in order to create certain restrictions on the property and provide recorded notice of the contractual obligations on the deed to prospective buyers. You should be able to find a copy of the CC&Rs on your county assessor's official government website.
If you fail to pay your HOA or COA assessments in Tennessee, the association can generally get a lien on your property and might foreclose on your home.
Tennessee is not too far behind. While the Volunteer State does not have a designated Act governing HOAs, legislators are considering passing one (SB405). If passed, this bill, titled the Tennessee Homeowners Association Act, shall control how HOAs operate.
If you recently purchased a home and did not receive a copy of your CC&Rs, contact your title company for assistance. You can also obtain a copy of your CC&Rs by visiting one of our office locations or sending us a copy order. 200bIf you have questions or need further assistance, call our office at (916) 874-6334.
To find your local CCR, visit EPA's Consumer Confidence Reports page . To find your local health department, use NACCHO's Directory . Review the EPA's Safe Drinking Water Information .
Like most states, Tennessee does not require HOAs for single-family residential communities to carry property or liability insurance. Only thirteen states do. 10 However, most states require condominium HOAs to carry both property and liability insurance.