reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-409 - Quorums

(a)
Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent (20%) of the votes that may be cast for election of the board of directors are present in person or by proxy at the beginning of the meeting.
(b)
Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board of directors if persons entitled to cast fifty percent (50%) of the votes on that board are present at the beginning of the meeting.
(c)
Attendance at a meeting may be in person, by telephone, or by any other means specified in the bylaws. Attendance at a meeting of the association may also be by proxy.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-410 - Voting - Proxies

(a)
If only one (1) of the multiple owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one (1) of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly provides otherwise. There is majority agreement if any one (1) of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.
(b)
Votes allocated to a unit may be cast pursuant to proxy duly executed by a unit owner. If a unit is owned by more than one (1) person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section, except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. The duration of a proxy is governed by the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, including, without limitation, §
48-57-205
.
(c)
If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units:
(1)
Subsections (a) and (b) apply to lessees as if they were unit owners;
(2)
Unit owners who have leased their units to other persons may not cast votes on those specified matters; and
(3)
Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in §
66-27-408
, of all meetings at which lessees may be entitled to vote.
(d)
No votes allocated to a unit owned by the association may be cast.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-411 - Tort and contract liability

Any action alleging a wrong done by the association must be brought against the association and not against any unit owner. A unit owner is not precluded from bringing an action contemplated by this section because the unit owner is a unit owner or a member or officer of the association.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-412 - Conveyance or encumbrance of common elements

(a)
Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least eighty percent (80%) of the votes in the association, including, during any period of declarant control, eighty percent (80%) of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; and a like percentage vote by the owners of any units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association; provided, that proceeds of a sale of a limited common element shall be reserved for the benefit of the unit or units to which the limited common element is allocated.
(b)
An agreement to convey common elements or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications of the agreement, in the same manner as a deed, by the requisite number of unit owners. The agreement may specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications of the agreement must be recorded in every county in which a portion of the condominium is situated, and is effective only upon recordation.
(c)
The association, on behalf of the unit owners, may contract to convey common elements, or subject them to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b). Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.
(d)
Any purported conveyance, encumbrance, judicial sale or other voluntary transfer of common elements, unless made pursuant to this section, is voidable; provided, that no action challenging the validity of a conveyance or encumbrance made by the association pursuant to this section may be brought more than one (1) year following the conveyance or encumbrance.
(e)
A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access to and support of the unit and the remaining common elements and essential services.
(f)
A conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-414 - Assessments for common expenses

(a)
Until the board of directors makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the board of directors, assessments must be made at least annually, based on a budget adopted at least annually by the board of directors.
(b)
Except for assessments under subsections (c)-(e), all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to §
66-27-307(a)
. Any past due common expense assessment or installment of the common expense assessment bears interest at the rate established by the association not exceeding the maximum effective annual rate of interest as determined by the department of financial institutions.
(c)
To the extent permitted by the declaration:
(1)
Any common expense associated with the maintenance, repair, or replacement of a limited common element may be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;
(2)
Any common expense or portion of the common expense benefiting fewer than all of the units may be assessed exclusively against the units benefited; and
(3)
The costs of insurance may be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.
(d)
Assessments to pay a judgment against the association pursuant to §
66-27-416(a)
may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities.
(e)
If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against the owner's unit.
(f)
If common expense liabilities are reallocated, common expense assessments and any installment of the common expense assessments not yet due shall be recalculated in accordance with the reallocated common expense liabilities.
(g)
With respect to residential units only, notwithstanding any provision to the contrary set forth in the declaration, the board of directors shall have the power at any time to levy assessments to preserve the physical integrity of the condominium or to comply with governmental requirements applicable to the condominium. The assessments may be in the form of a single assessment or an assessment for reserves to be paid in such installments as shall be determined by the board of directors.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-416 - Liability for judgments and liens

(a)
The liability of a unit owner in an unincorporated association for a judgment against the association shall be limited to the percentage of the judgment equal to the undivided percentage ownership of the unit owner in the common elements.
(b)
If the association has granted a security interest in the common elements to a creditor of the association pursuant to §
66-27-412
, the holder of that security interest shall exercise its right against the common elements only.
(c)
Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied, becomes effective against two (2) or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the owner's unit, and the lienholder, upon receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio that the unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.
(d)
A judgment against the association must be indexed in the name of the condominium and the association.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-417 - Association records

The association shall keep financial records sufficiently detailed to enable the association to comply with §§
66-27-502
and
66-27-503
. All financial and other records shall be made reasonably available for examination by any unit owner, the holder of any mortgage or deed of trust encumbering a unit, and their respective authorized agents.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-418 - Association as trustee

With respect to a third person dealing with the association in the association's capacity as a trustee, either under §
66-27-413
for insurance proceeds, or §
66-27-318
following termination, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 5 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS RESTRICTED TO RESIDENTIAL PURPOSES (§§ 66-27-501 — 66-27-507) › Section 66-27-501 - Applicability - Waiver

This part applies only to units restricted to residential purposes, unless expressly made applicable by the declaration.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 5 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS RESTRICTED TO RESIDENTIAL PURPOSES (§§ 66-27-501 — 66-27-507) › Section 66-27-502 - Responsibility to provide information

(a)
The association, upon request from a unit owner, a purchaser or any lender to either a unit owner or a purchaser, or their respective authorized agents, shall provide to the requesting party, within ten (10) business days following the date of the association's receipt of the request, the information specified in §
66-27-503
, to the extent applicable. It shall be the responsibility of a unit owner to advise a purchaser or lender, upon request, how the association may be contacted. The association will be entitled to charge a reasonable fee for providing the information that, if not paid, may be assessed against the unit whose owner, lender, or purchaser requested the information.
(b)
When construction of a condominium is not yet complete, a declarant, prior to the first sale of any interest in a unit to a third-party purchaser, shall upon request, and within ten (10) business days following the date of the declarant's receipt of the request, provide the information specified in §
66-27-503
, to the extent applicable and to the extent available, to any purchaser or prospective lender to a purchaser. If any of the information is not available within ten (10) business days following the date of the request, then it shall be provided at least ten (10) business days prior to closing of the sale of the unit.
(c)
The party requesting the information shall be entitled to rely on the information provided, unless the party has actual knowledge to the contrary.
(d)
Any request to be made or information to be provided under this part shall be provided in writing or by electronic means, which may include, without limitation, by email or posting to a website and providing a link and access to the website.
Acts 2008 , ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 5 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS RESTRICTED TO RESIDENTIAL PURPOSES (§§ 66-27-501 — 66-27-507) › Section 66-27-504 - Declarant liability

If the declarant prepared or caused to be prepared all or a part of the information required by this part, the declarant may be held liable for any materially false or misleading statement, or for any material omission of any required information, with respect to that portion of the information that the declarant prepared. The declarant shall not be liable for:
(1)
Any false or misleading information or for any omission of material fact unless the declarant had actual knowledge of the statement or omission, or, in the exercise of reasonable care, should have known of the statement or omission; or
(2)
Following the end of the period of declarant control, failure of the association to provide information under §
66-27-503
that was prepared by the declarant.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 5 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS RESTRICTED TO RESIDENTIAL PURPOSES (§§ 66-27-501 — 66-27-507) › Section 66-27-505 - Remedies for noncompliance

(a)
(1)
If the association or declarant, as applicable, fails to provide the information required by §
66-27-503
, within the time provided in this section, then the association or declarant, as applicable, shall be liable for and shall pay a fine or penalty of two hundred fifty dollars ($250) to the party on whose behalf the request is made, following the first request for the information, and a fine or penalty of five hundred dollars ($500) if not supplied within ten (10) business days following the second request for the information, plus all costs, including, without limitation, reasonable attorney's fees incurred in obtaining the information or enforcing the fines or penalties, or both, provided for in this section.
(2)
In addition, and not in limitation of subdivision (a)(1), neither the purchaser nor any unit owned by the purchaser, shall be liable for any past due assessments that would have been disclosed if the information would have been provided within ten (10) business days following the second request for the information; provided, that the requesting party had no actual knowledge of the past due assessments at the time the unit was acquired by the purchaser.
(3)
The fine or penalty, or both, shall not be the exclusive remedy of the aggrieved party, but shall be in addition to all other remedies to which the party shall be entitled at law or in equity, including, without limitation, specific performance.
(b)
If at the time of the request for information the declarant is in control of the association or the condominium, or both, then the declarant must provide the information required within ten (10) business days following receipt of a written request for the information, or, if the information is not available at that time, then within ten (10) business days prior to closing. If the information is not provided within that time, then the prospective buyer shall have the right to rescind the contract upon notice to the declarant, or, in the buyer's sole discretion, the buyer may extend the closing date until a date that is ten (10) business days following the date upon which the information is provided, and may seek specific performance of this obligation in a court of competent jurisdiction, and shall be entitled to recover all costs and expenses incurred in doing so, including, without limitation, reasonable attorney's fees.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 5 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS RESTRICTED TO RESIDENTIAL PURPOSES (§§ 66-27-501 — 66-27-507) › Section 66-27-506 - Escrow of deposits

Any deposit made in connection with the purchase or reservation of a unit from a declarant shall be placed in escrow and held in this state in an account designated solely for that purpose by a licensed title insurance company or agent of the licensed title insurance company, an attorney, a licensed real estate broker, or an independent bonded escrow company, and shall be deposited in an institution whose accounts are insured by a governmental agency or instrumentality, or any other lawful escrow or trust account, until:
(1)
Delivered to the declarant at closing;
(2)
Delivered to the declarant because of purchaser's default under a contract to purchase the unit;
(3)
Refunded to the purchaser;
(4)
Interpleaded into a court of appropriate jurisdiction; or
(5)
Disbursed pursuant to a final order of a court of appropriate jurisdiction.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 5 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS RESTRICTED TO RESIDENTIAL PURPOSES (§§ 66-27-501 — 66-27-507) › Section 66-27-507 - Conversion buildings

(a)
A declarant of a condominium containing conversion buildings, who offers units in the condominium, shall give each of the residential tenants and any residential subtenant in possession of a portion of a conversion building notice of the conversion no later than sixty (60) days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and shall be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than sixty (60) days notice, except by reason of nonpayment of rent, waste, conduct that disturbs other tenants' peaceful enjoyment of the premises, unlawful conduct, or other breach of a written lease, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession.
(b)
Nothing in this section permits termination of a lease by a declarant in violation of its terms.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 6 - DEDICATORY INSTRUMENTS (§§ 66-27-601 — 66-27-603) › Section 66-27-601 - Part definitions

As used in this part:
(1)
"Dedicatory instrument":
(A)
Means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and
(B)
Includes a declaration or similar instrument subjecting real property to:
(i)
Restrictive covenants, bylaws, or similar instruments governing the administration or operation of a homeowners' association;
(ii)
Properly adopted rules and regulations of a homeowners' association; or
(iii)
All lawful amendments to the covenants, bylaws, instruments, rules, or regulations of a homeowners' association;
(2)
"Homeowners' association" means an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and
(3)
"Restrictive covenant" means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative.
Added by 2017 Tenn. Acts, ch. 331,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 6 - DEDICATORY INSTRUMENTS (§§ 66-27-601 — 66-27-603) › Section 66-27-602 - Display of flags by property owners - Applicability of section

(a)
Except as provided in subsection (b), no homeowners' association shall adopt or enforce a dedicatory instrument provision that prohibits, or has the effect of prohibiting, a property owner from displaying the flag of the United States of America or an official or replica flag of any branch of the United States armed forces, on the property owner's property.
(b)
A homeowners' association may adopt or enforce reasonable rules and regulations regarding the placement and manner for the display of the flag of the United States of America or an official or replica flag of any branch of the United States armed forces.
(c)
The property owner must display the flag of the United States of America in accordance with
4 U.S.C. §§ 5-10
.
(d)
This section applies to dedicatory instruments:
(1)
Created on or after July 1, 2017; or
(2)
Amended on or after July 1, 2017.
Amended by 2021 Tenn. Acts, ch. 80, s 1, eff. 3/31/2021.
Added by 2017 Tenn. Acts, ch. 331, s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 6 - DEDICATORY INSTRUMENTS (§§ 66-27-601 — 66-27-603) › Section 66-27-603 - Display of sign to warn of health, safety, or dangerous natural conditions associated with water on property by property owners - Homeowners' association's rules or regulations - Effect on property owner's liability - Applicability of section

(a)
A homeowners' association shall not prohibit, by covenant, condition, restriction, or rule, the use of any sign posted to warn the public of health, safety, or dangerous natural conditions associated with water on the property when:
(1)
The property owner has consulted with local or state authorities regarding a condition on the property that may pose a threat to health and safety to a person on the property and a liability, or potential liability, to the property owner; and
(2)
The property contains a pond, including a retention or detention pond, or a lake, stream, river, or other natural body of water.
(b)
A homeowners' association may adopt or enforce reasonable rules and regulations regarding the placement and manner for the display of the signs permitted by this section.
(c)
This section does not alter, reduce, or eliminate any civil or criminal liability of a property owner for injuries arising from any condition on the owner's property.
(d)
This section applies to dedicatory instruments entered into before, on, or after July 1, 2021.
Amended by 2021 Tenn. Acts, ch. 80, s 2, eff. 3/31/2021.
Added by 2017 Tenn. Acts, ch. 331, s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 7 - HOMEOWNERS' ASSOCIATION (§§ 66-27-701 — 66-27-706) › Section 66-27-702 - Provision of voting record upon request

A homeowners' association shall, upon written request from a member, provide a record of the votes cast in a vote to amend a declaration that prohibits or effectively prohibits the use of residential property as long-term rental property. The record must include the following:
(1)
The language of the ballot questions used;
(2)
Proof of mailing;
(3)
The number of members present at a meeting at which the vote is taken;
(4)
The total number of members of the homeowners' association;
(5)
The total number of votes that the governing body of the homeowners' association is entitled to cast;
(6)
The number of members required for a quorum; and
(7)
The final count of votes cast.
Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 7 - HOMEOWNERS' ASSOCIATION (§§ 66-27-701 — 66-27-706) › Section 66-27-703 - Vested right to lease residential property

The owner of a property subject to a declaration that is amended to prohibit, or effectively prohibit, the use of single family residential real property as long-term rental property during the period of the owner's ownership of the property has a vested right to use the property as long-term rental property until the owner transfers the property.
Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 7 - HOMEOWNERS' ASSOCIATION (§§ 66-27-701 — 66-27-706) › Section 66-27-704 - Notice of change of business entity information

(a)
A business entity that owns residential property in this state that is subject to a declaration shall send to the homeowners' association for the property a written notice of the following:
(1)
A change in contact information for the business entity; or
(2)
A transfer of the ownership interest in the residential property.
(b)
The business entity must send the notice required by this section within thirty (30) business days of the occurrence of an event listed in subdivision (a)(1) or (a)(2). The business entity may send the notice by electronic means to the homeowners' association and to a property manager designated by the homeowners' association, as long as the homeowners' association has provided the business entity with contact information for the purpose of electronic communications.
Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 7 - HOMEOWNERS' ASSOCIATION (§§ 66-27-701 — 66-27-706) › Section 66-27-705 - Application of part

Sections 66-27-702, 66-27-703, and 66-27-704 apply to declaration amendments that are enacted on or after May 1, 2021.
Amended by 2024 Tenn. Acts, ch. 691,s 2, eff. 7/1/2024.
Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 7 - HOMEOWNERS' ASSOCIATION (§§ 66-27-701 — 66-27-706) › Section 66-27-706

(a)
A homeowners' association seeking to levy a special assessment on its members for a nonessential amenity must:
(1)
Pass the assessment by at least a two-thirds (2/3) majority vote of the total members in the homeowners' association; and
(2)
Provide members with financing or a payment plan over a defined period of time.
(b)
If a member of the homeowners' association fails to pay a special assessment for a nonessential amenity, then the homeowners' association shall not take a foreclosure action against the property or the member for failure to pay the special assessment.
Added by 2024 Tenn. Acts, ch. 691,s 3, eff. 7/1/2024.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 8 - GATED SUBDIVISION (§§ 66-27-801 — 66-27-802) › Section 66-27-801

As used in this part:
(1)
"Gated subdivision" means a neighborhood with at least three hundred (300) single family residential homes and two (2) or more gates restricting ingress and egress to the neighborhood from a public street; and
(2)
"Homeowners' association" has the same meaning as defined in §
66-27-701
.
Added by 2024 Tenn. Acts, ch. 645,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 8 - GATED SUBDIVISION (§§ 66-27-801 — 66-27-802) › Section 66-27-802

(a)
(1)
A member of a homeowners' association for a gated subdivision may request a report from the board of directors for the homeowners' association regarding criminal activity in the subdivision.
(2)
If the board receives a request pursuant to subdivision (a)(1), then the board must:
(A)
Contact the local law enforcement office with jurisdiction over the gated subdivision to obtain and compile a report of police activities and arrests in the gated subdivision; and
(B)
Make the report available to each household in the subdivision. Copies of the report may be delivered through the management company for the homeowners' association and may be delivered by electronic mail or regular mail delivery.
(b)
This section only applies to homeowners' associations for gated subdivisions in a county having a population of not more than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or any subsequent federal census.
Added by 2024 Tenn. Acts, ch. 645,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 1 - GENERAL PROVISIONS (§§ 66-28-101 — 66-28-108) › Section 66-28-101 - Short title

This chapter shall be known and may be cited as the "Uniform Residential Landlord and Tenant Act."
Acts 1975, ch. 245, § 1.101; T.C.A., § 64-2801.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 1 - GENERAL PROVISIONS (§§ 66-28-101 — 66-28-108) › Section 66-28-102 - Application - Preemption

(a)
This chapter applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census.
(b)
This chapter applies to rental agreements entered into or extended or renewed after July 1, 1975. Transactions entered into before July 1, 1975, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the amendment or repeal has not occurred.
(c)
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
(1)
Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;
(2)
Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
(3)
Transient occupancy in a hotel, or motel or lodgings subject to city, state, transient lodgings or room occupancy under the Excise Tax Act, compiled in title 67, chapter 4, part 20;
(4)
Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or
(5)
Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
(d)
This chapter shall not apply to any occupancy in a public housing unit or other housing unit that is subject to regulation by the department of housing and urban development and owned by a governmental entity or nonprofit corporation to the extent such regulation conflicts with state law, but shall apply to the extent that any such regulations defer to the application of state law.
(e)
In the counties in which this chapter applies, this chapter occupies and preempts the entire field of legislation concerning the regulation of landlords and tenants. The governing body of a county subject to this chapter shall not enact or enforce regulations that conflict with, or are an addition to, this chapter.
Amended by 2021 Tenn. Acts, ch. 182, Secs.s1, s2 eff. 7/1/2021.
Acts 1975, ch. 245, §§ 1.201, 1.202, 6.101, 6.102; T.C.A., §§ 64-2802, 64-2804, 64-2864; Acts 1992, ch. 995, §§ 1, 4-6; 2001, ch. 101, § 1; 2008 , ch. 1067, §§ 1, 2; 2011 , ch. 272, § 1; 2012 , ch. 847, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 1 - GENERAL PROVISIONS (§§ 66-28-101 — 66-28-108) › Section 66-28-103 - Purposes - Rules of construction

(a)
This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(b)
Underlying purposes and policies of this chapter are to:
(1)
Simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant;
(2)
Encourage landlord and tenant to maintain and improve the quality of housing;
(3)
Promote equal protection to all parties; and
(4)
Make uniform the law in Tennessee.
(c)
Unless displaced by this chapter, the principles of law and equity, including the law relating to capacity to contract, health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.
(d)
This chapter being a general chapter intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
Acts 1975, ch. 245, §§ 1.102 -- 1.104; T.C.A., §§ 64-2861 -- 64-2863.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 1 - GENERAL PROVISIONS (§§ 66-28-101 — 66-28-108) › Section 66-28-105 - Jurisdiction and service of process

(a)
The general sessions and circuit courts of this state shall exercise original jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over the parties may be acquired in a civil action or proceeding instituted in law or equity by service of process in the manner provided by law.
(b)
A landlord who is not a resident of this state or is a corporation not authorized to do business in this state and engages in a transaction subject to this chapter may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing, filed with the secretary of state, and must set forth the name and street address, including zip code, of the agent, the name and street address, including zip code, of the landlord and be accompanied by a ten-dollar filing fee. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state forthwith by mailing a copy of the process and pleading by registered or certified mail to the defendant or respondent at that party's last known address. The process must be accompanied by a ten-dollar fee and specify the address of the defendant. An affidavit of service shall be filed by the secretary of state with the clerk of the court on or before the return day of the process.
Acts 1975, ch. 245, § 1.203; T.C.A., § 64-2805; Acts 1991, ch. 297, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 1 - GENERAL PROVISIONS (§§ 66-28-101 — 66-28-108) › Section 66-28-106 - Notice

(a)
Either party has notice of a fact if such person:
(1)
Has actual knowledge of it; or
(2)
Has been given written notice.
(b)
All parties must give written notice to the last known or designated address contained in the lease agreement.
Acts 1975, ch. 245, § 1.304; T.C.A., § 64-2806.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 1 - GENERAL PROVISIONS (§§ 66-28-101 — 66-28-108) › Section 66-28-107 - Residential landlord registration

(a)
(1)
Each landlord of one (1) or more dwelling units is required to furnish the following information with the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located:
(A)
The landlord or the landlord's agent's name, telephone number, and physical address, which does not include a post office box; and
(B)
The street address and unit number, as appropriate, for each dwelling unit that the landlord owns, leases, or subleases or has the right to own, lease, or sublease.
(2)
The information required under subdivision (a)(1) shall be furnished on a form provided by the agency or department responsible for enforcing building codes. The agency or department is authorized to collect from a landlord filing the form a fee not to exceed ten dollars ($10.00) per year.
(3)
If any information required under subdivision (a)(1) or the ownership of the dwelling units changes, the landlord who transferred the property by sale or otherwise, or the landlord's agent, shall notify the agency or department of such change within thirty (30) days of the change in ownership.
(b)
(1)
Any landlord who fails to register or who fails to send notification of change of ownership as required by this section shall be assessed a fine in the amount of fifty dollars ($50.00) per week by the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located.
(2)
Prior to the assessment of the fine, the landlord shall be given an opportunity to appear and be heard at a hearing to be held concerning the landlord's failure to register or failure to send notification of change of ownership. A written notice of the date, time and place of the hearing shall be mailed the landlord at least fifteen (15) days prior to the scheduled hearing.
(c)
This section shall only apply to any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.
Amended by 2014 Tenn. Acts, ch. 845,Secs.s1, s2, s3, s4 eff. 4/29/2014.
Acts 2006, ch. 800, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 1 - GENERAL PROVISIONS (§§ 66-28-101 — 66-28-108) › Section 66-28-108 - Notification sent by e-mail

If the tenant provides an electronic mail address in the rental agreement, any notification required to be sent to the tenant pursuant to this chapter may be made by the landlord through electronic notification to such mail address, unless a provision in this chapter requires a specific form of notification other than electronic notification; provided, however, that the landlord shall not require the tenant to provide an electronic mail address as a condition of entering into a rental agreement.
Acts 2011, ch. 272, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 2 - RENTAL AGREEMENTS (§§ 66-28-201 — 66-28-205) › Section 66-28-201 - Terms and conditions

(a)
The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of parties. A rental agreement cannot provide that the tenant agrees to waive or forego rights or remedies under this chapter. The landlord or the landlord's agent shall advise in writing that the landlord is not responsible for, and will not provide, fire or casualty insurance for the tenant's personal property.
(b)
In absence of a lease agreement, the tenant shall pay the reasonable value for the use and occupancy of the dwelling unit.
(c)
Rent shall be payable without demand at the time and place agreed upon by the parties. Notice is specifically waived upon the nonpayment of rent by the tenant only if such a waiver is provided for in a written rental agreement. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. Upon agreement, rent shall be uniformly apportionable from day to day.
(d)
There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The date the rent was due shall be included in the calculation of the five-day grace period. If the last day of the five-day grace period occurs on a Sunday or legal holiday, as defined in §
15-1-101
, the landlord shall not impose any charge or fee for the late payment of rent; provided, that the rent is paid on the next business day. Any charge or fee, however described, which is charged by the landlord for the late payment of rent, shall not exceed ten percent (10%) of the amount of rent past due.
Amended by 2013 Tenn. Acts, ch. 206,s 1, eff. 4/23/2013.
Acts 1975, ch. 245, § 1.401; T.C.A., § 64-2811; Acts 1984, ch. 876, § 1; 1986, ch. 747, § 1; 1989, ch. 503, § 1; 2000, ch. 666, § 1; 2001, ch. 154, § 1; 2011, ch. 272, § 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 2 - RENTAL AGREEMENTS (§§ 66-28-201 — 66-28-205) › Section 66-28-202 - Effect of unsigned or undelivered agreement

(a)
If the landlord does not sign a written rental agreement, acceptance of rent without reservation by the landlord binds the parties on a month to month tenancy.
(b)
Any person or persons taking possession without payment of rent and failing to sign a written rental agreement delivered to them by the landlord or who enter without oral agreement are deemed to be trespassers and may be evicted forthwith and may be held liable for damages and rent for the term of trespass and reasonable attorney's fees; provided, that if such person or persons pay rent, which is accepted by the landlord, such person or persons shall become tenants of the landlord.
Acts 1975, ch. 245, § 1.402; T.C.A., § 64-2812; Acts 2011, ch. 272, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 2 - RENTAL AGREEMENTS (§§ 66-28-201 — 66-28-205) › Section 66-28-203 - Prohibited provisions

(a)
No rental agreement may provide that the tenant:
(1)
Authorizes any person to confess judgment on a claim arising out of the rental agreement;
(2)
Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected with such liability.
(b)
A provision prohibited by subsection (a) included in an agreement is unenforceable. Should a landlord willfully provide a rental agreement containing provisions known by the landlord to be prohibited by this chapter, the tenant may recover actual damages sustained. The tenant cannot agree to waive or forego rights or remedies under this chapter.
Acts 1975, ch. 245, § 1.403; T.C.A., § 64-2813.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 28 - UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT (§§ 66-28-101 — 66-28-523) › Part 2 - RENTAL AGREEMENTS (§§ 66-28-201 — 66-28-205) › Section 66-28-204 - Unconscionability

(a)
If the court, as a matter of law, finds:
(1)
A rental agreement or any provision thereof was unconscionable when made, the court shall enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or
(2)
A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court shall enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid the unconscionable result.
(b)
If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.
(c)
A provision in a rental agreement that authorizes a landlord to hold a tenant in breach of the rental agreement in accordance with §
66-28-505(f)
is not unconscionable and is fully enforceable.
Amended by 2018 Tenn. Acts, ch. 960,s 3, eff. 7/1/2018.
Acts 1975, ch. 245, § 1.303; T.C.A., § 64-2814.