Tennessee guide

Tennessee reserve studies

Tennessee changed its reserve picture on January 1, 2024. A 2023 law (SB863/HB750) added T.C.A.

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§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.

What §66-27-403(g) requires of condos

Effective January 1, 2024, a condo board overseeing common elements worth more than $10,000 to replace must obtain a reserve study. If a study was done on or after January 1, 2020, it must be updated within five years of the original and at least every five years thereafter; if no study was done since January 1, 2020, one had to be obtained by January 1, 2025, then updated every five years. The board must make the study available to owners by email or website posting. A missing or overdue study is now a likely statutory non-compliance for a covered condo.

The study is required; the funding is not

Tennessee does not require the board to fund reserves to the study's recommendation, or at all. Funding remains a budget decision subject to the declaration, and the §66-27-503(4) budget disclosure must state the reserve amount or that there is none. The most common Tennessee trap is a condo that satisfies the study mandate while the reserve line is minimal — the study exists, the money does not. Always read the funded balance separately from whether a study exists.

HOAs are excluded

The mandate lives in the Condominium Act, so planned-community HOAs are not covered. An HOA with no reserve study and no reserve funding is entirely legal in Tennessee. For an HOA, you must infer reserve adequacy from the CC&Rs, the budget, and the age and condition of the common elements the association maintains, since no study is owed and none may exist.

Read the study against Tennessee's hazards

Because §66-27-413 makes any repair cost above insurance proceeds plus reserves a common expense, a Tennessee reserve study should explicitly model the state's hazard mix: roof and cladding cycles (hail and wind), glazing and envelope (storms), HVAC and moisture systems (heat and humidity), and — in West Tennessee — seismic vulnerability for older masonry. A study that ignores these region-specific drivers can technically satisfy §66-27-403(g) while still understating funding needs.

Tennessee legal references

Informational only. Not legal advice. Always confirm against current statute and counsel.

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Reviewer's checklist

  • Confirm a reserve study exists for the condo (required over $10,000 common-element replacement cost)
  • Confirm the study is current and on the five-year update cycle (§66-27-403(g))
  • Confirm the study was distributed to owners by email or website
  • Read the §66-27-503(4) budget disclosure of the reserve amount
  • Compare the funded reserve balance to the study's recommendation
  • Identify large near-term components — roof, cladding, glazing, garage, elevators
  • Confirm the study models Tennessee storm and (West TN) seismic exposure
  • Read the minutes for any reserve-funding or special-assessment discussion
  • For an HOA, infer reserve adequacy from the CC&Rs, budget, and component age
  • Weigh a thin reserve balance as a special-assessment signal even where a study exists

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