Many states have their own laws that apply to homeowners associations, and Tennessee is no exception. Learn about the different Tennessee HOA laws that associations must keep up with.
房主协会在美国很常见. 这些年来，它们的受欢迎程度呈指数级增长, thanks in large part to the role they play in preserving curb appeal and property values. 像这样, many states have adopted laws that specifically address homeowners associations and the way they must operate. 田纳西州也紧随其后.
而志愿者州并没有一个指定的管理HOAs的法案, 立法会议员正考虑通过一项(SB405). 如果通过, 这个法案, 田纳西房主协会法案, 应控制HOAs如何运行.
发现下一节 66-27-201 通过 66-27-507 田纳西法典, the 《2008年田纳西州公寓所有权法案 governs condominiums formed in the state on January 2, 2009, 和起. Some parts of the Act may also apply to condominiums formed prior to said date.
的 田纳西州横向产权法 同样适用于田纳西州的公寓协会. 然而, this Act specifically governs condo associations formed prior to January 1, 2009. You can find the 田纳西州横向产权法 under Section 66-27-101 通过 66-27-123 田纳西法典.
由于田纳西州的房主协会法不属于具体的法案, 田纳西州非营利性公司法案通常会起作用. Most homeowners associations in Tennessee are categorized as nonprofit corporations. 因此, they must adhere to the provisions found in the 田纳西州非赢利企业法.
This Act governs homeowners associations when it comes to corporate procedure and structure. 你可以在田纳西法典第48条中找到这个法案. 它由以下几章组成:
- Mergers, Membership Exchanges, Entity Conversions, and For-Profit Conversions
While Tennessee may not have a dedicated Act governing homeowners associations, 仍然有许多重要的法律可以影响他们.
Many homeowners associations prohibit or restrict the display of certain signs and flags in an effort to maintain the aesthetics of the neighborhood. While such an attempt is certainly for the benefit of the association, it is not always lawful.
根据 节2-7-143 田纳西法典, 也就是田纳西言论自由法案, HOAs may not adopt a rule or covenant that prohibits homeowners from displaying political signs on their private property. 然而, HOAs may enforce reasonable restrictions when it comes to the placement and size of the signs.
根据 节66-27-413 《2008年田纳西州公寓所有权法案, COAs must maintain property insurance and liability insurance for the common elements of the association. 的 policy must provide coverage at no less than 80 percent of the replacement cost of the insured property at the time of purchase. 的 liability insurance policy should also cover medical payments at no less than the amount specified within the association’s governing documents.
至于独户住宅协会, no state laws that require property or liability insurance currently exist. Still, given that insurance helps protect HOAs from severe financial loss, boards should 考虑获得它 即使它不是强制性的.
To curb violations, many associations impose fines against homeowners who breach the HOA’s rules. 在那里 is a potential for abuse, though, when these fines are not properly regulated.
1月1日后新建的共管公寓, 2009, 田纳西州法律规定，社团只收取合理的罚款. But, for single-family communities and older condos, no laws limit the fines. In such cases, it is necessary to refer to the association’s governing documents for guidance. 罚款应 取得恰当的平衡 既不太高也不太低.
It is not uncommon for homeowners associations to attach liens to the properties of delinquent members. 对公寓协会、 节66-27-415 田纳西法典 stipulates that a COA has a lien on a unit for fines or assessments when they become due. 的 lien is then made effective 通过 the recording of the lien in the county records.
Tennessee law does not say anything about liens for single-family communities, though. 因此, 不包括在2008年《田纳西州公寓所有权法案》之内的HOAs, 参考协会的CC是明智的&Rs. 在那里, you will find out whether or not the HOA has the authority to place a lien on a property and any other requirements related to the lien.
Once a lien has been placed on a property, homeowners associations typically have the option to 取消该留置权. This is done in an attempt to collect on the member’s unpaid dues or fines.
In Tennessee, condo associations can foreclose a lien non-judicially under two conditions:
- If the COA’s governing documents allow it; and,
- If the COA provides proper notice of the foreclosure to the owner of the unit.
Condo associations can also foreclose on a lien judicially, though the process is a bit more complex.
It is worth noting that a Tennessee HOA statute of limitations on liens does exist. If the COA fails to initiate foreclosure proceedings within 6 years following the effective date of the lien, 留置权不再有效. 换句话说，它被消除了.
就像田纳西HOA关于留置权的法律一样, there are no laws governing foreclosures for single-family homeowners associations. 的 right of an HOA to foreclose on delinquent owners should be detailed in the association’s governing documents.
uedbet手机ios下载owners associations in Tennessee should do their part to remain on the right side of the law. This means ensuring that HOA boards familiarize themselves with the various Tennessee HOA laws to avoid potential liability. 当然, not all boards have the time nor background in law to always stay up-to-date on these laws. 这就是HOA管理公司发挥作用的地方.