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Tina, Lawyer
Category: Real Estate Law
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Experience:  17 years of legal experience including real estate law.
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I live in Tennessee. Can I be connected with a Knoxville, TN

Customer Question

I live in Tennessee. Can I be connected with a Knoxville, TN attorney to answer my question?
Our homeowners association was established as if we are a property of condominiums. We are in fact, a development of single-family homes. Have we been operating as an illegal entity? Can we therefore nullify the current bylaws and covenants until we can establish a structure that actually legally describes the community in which we live.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 month ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 1 month ago.

I checked with the site and we do not have an attorney specific to that area. I can assist you as I have 28 years of experience with HOA laws and if I cannot I will provide a link for local attorney that provide FREE consultations.

All governing documents should set out a way to terminate the HOA. If your governing documents do not we would look at the statutes that govern the law for TN.

This sets out all of the Tennessee laws governs Homeowners Associations:

Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.


  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

Tennessee State Laws:

The issue is that all of the recorded deeds to your homes have CC&R's (DEED RESTRICTIONS) recorded against them and those need to be lifted as well.

Did the HOA file Articles of Incorporation?

Expert:  Attyadvisor replied 1 month ago.

Can you tell me if the HOA was incorporated? Do you have a copy of your deed?

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