Tennessee condo document review
Tennessee condominium document review is anchored by the Tennessee Condominium Act of 2008 (T.C.A. §66-27-201 et seq.) for projects created on or after January 1, 2009, and the older Horizontal Property Act (T.C.A. §66-27-101 et seq.) for pre-2009 buildings. The first step is determining which statute governs based on the condominium's creation date. For residential condos, Part 5 (T.C.A. §§66-27-501 to 507) gives a prospective purchaser the right, on written request, to a defined information package. That package is broad — governing documents, financials, reserves, 24 months of minutes, insurance, litigation, and delinquency — but it is a disclosure right, not a quality guarantee. The value is in reading the documents together against the building's age, location, and storm exposure, because Tennessee has no regulator confirming any of it for you.
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Tennessee reserve studies
Tennessee changed its reserve picture on January 1, 2024. A 2023 law (SB863/HB750) added T.C.A. §66-27-403(g), requiring a condo board overseeing common elements with an aggregate replacement cost over $10,000 to obtain a reserve study, update it at least every five years, and make it available to owners. That is the first hard reserve line in Tennessee law. But the mandate has two important limits: it does not require the board to fund reserves to any level, and it applies only to condominiums — not to planned-community HOAs. The result is a state where a current reserve study can sit alongside a near-zero reserve balance, which makes reading the funded balance against the study the central task.
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Tennessee insurance risk
Insurance is among the most volatile risks in Tennessee condo and HOA documents. The state has no hurricane coast, yet homeowners pay above the national average because of severe convective storms — tornadoes, straight-line wind, and hail — plus rising rebuild costs. For condos, T.C.A. §66-27-413 requires the association to insure common elements to at least 80% of replacement cost and to carry liability coverage, and it makes any repair cost above proceeds plus reserves a common expense. Two structural features sharpen the risk: master policies increasingly carry separate percentage wind/hail deductibles, and Tennessee is one of the minority of states with no FAIR Plan, so a hard-to-place association must turn to the costlier surplus-lines market. The master policy is both a risk document and a financing document.
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Tennessee HOA document review
Tennessee planned-community HOAs have no governing statute. Unlike condominiums — which have the Condominium Act of 2008 and the older Horizontal Property Act — HOAs run entirely on their recorded Declaration of Covenants, Conditions and Restrictions plus the Tennessee Nonprofit Corporation Act (T.C.A. Title 48). There is no statutory reserve, disclosure, insurance, or open-meeting protection specific to HOAs, and no statutory resale-disclosure package. That makes HOA document review in Tennessee an exercise in contract reading: the CC&Rs, charter, bylaws, and financials carry the entire load, and items a condo buyer would receive by statute must be requested by contract instead.
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