TennesseeHOA Court Cases & Lawsuits (2026)
Tennessee HOA litigation is governed by a combination of the Tennessee Horizontal Property Act for condominiums and common law principles for planned communities, with courts taking a contract-focused approach to deed restriction enforcement and fiduciary duty claims.
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Landmark Cases — Tennessee
Homeowners Assn. of Bear Creek v. Woodall
Fence removal ordered
A homeowner constructed a six-foot wooden privacy fence in a neighborhood governed by deed restrictions permitting only four-foot open-design fences. After written notice and a cure period, the association filed suit. The Court of Appeals upheld a mandatory injunction requiring removal, finding the deed restriction was unambiguous and the homeowner had constructive notice of the restriction at the time of purchase.
Tennessee courts enforce deed restrictions as written and grant mandatory injunctions requiring removal of non-conforming structures; purchasers have constructive notice of recorded restrictions.
What this means
For Homeowners
Tennessee courts enforce fence and structure restrictions as written. Constructive notice — meaning the restriction was recorded before you purchased — is sufficient basis for enforcement. Claiming you did not know about the restriction is generally not a defense.
For Boards
Tennessee courts have consistently upheld mandatory injunctions for architectural violations. Enforce architectural standards uniformly and pursue litigation when written notice and fines do not achieve compliance. Document the notice sequence and homeowner responses carefully.
Summit HOA v. Watkins
Assessment lien enforced with interest
A homeowner challenged an assessment lien on the grounds that the association failed to record the lien within the time period specified in the declaration. The Court of Appeals upheld the lien, finding that Tennessee law does not impose a mandatory recording period for HOA assessment liens absent a specific statutory provision, and that the declaration's lien recording provision was directory, not mandatory.
Tennessee courts treat HOA declaration provisions on assessment lien recording timing as directory rather than mandatory; liens filed after the declaration's stated period remain valid.
What this means
For Homeowners
Even if your HOA's declaration sets a timeline for lien recording, Tennessee courts may treat that provision as directory rather than mandatory. Delinquent assessments can result in liens even if not recorded within the period specified in your governing documents.
For Boards
File assessment liens promptly according to your declaration's provisions even if Tennessee law does not strictly require specific timing. Delay in lien filing creates uncertainty and allows accrued interest and late charges to balloon without a formal legal notice to the owner.
Greystone Village HOA v. Burris
Retroactive rule held unenforceable
The association adopted a new rule requiring registration and approval of all home-based businesses. A homeowner had operated a licensed music studio from her home for several years before the rule was adopted. The court held that the new rule could not be applied retroactively to require the homeowner to register or cease operating a business that predated the rule, absent a non-retroactivity waiver in the CC&Rs.
Tennessee courts are reluctant to apply new HOA rules retroactively to activities lawfully conducted before the rule's adoption absent specific CC&R authority for retroactive application.
What this means
For Homeowners
Tennessee courts are reluctant to apply new HOA rules retroactively to activities lawfully occurring before the rule was adopted. If a new rule targets your pre-existing lawful use, a retroactivity challenge may be available — consult HOA counsel.
For Boards
New rules are generally prospective in effect. If you need to address pre-existing non-conforming uses, build a grandfather or phase-out period into the rule, or include a specific non-retroactivity waiver in the CC&Rs.
Brentwood Park HOA v. Holland
Proxy vote procedures challenged successfully
Homeowners challenged a board election in which the incumbent board collected proxy votes through a process that did not comply with the association's bylaw requirements for proxy appointment and delivery. The court voided the election result because improperly collected proxy votes were counted and affected the outcome.
Tennessee HOA board elections using improperly collected proxy votes that do not comply with bylaw requirements are voidable when the improperly counted proxies affect the outcome.
What this means
For Homeowners
Proxy voting procedures in Tennessee must strictly comply with the association's bylaws. If the board is collecting proxies without following proper procedures, challenge the election promptly — do not wait until after the votes are counted.
For Boards
Establish a written proxy collection policy that strictly follows your bylaws' proxy requirements. Verify each proxy appointment on its face before counting it. Post-election challenges to proxy procedures are costly to defend and may result in a voided election.
Cove HOA v. Fitzgerald
Board ordered to produce financial records
A homeowner requested several years of financial records and vendor contracts from the association. The board refused, claiming the documents were work product and that the homeowner's adversarial posture justified refusal. The court held that Tennessee law gives members a right to inspect official records and that the board's stated justifications did not constitute a valid exception to the inspection right.
Tennessee HOA members have the right to inspect official records including financial statements and vendor contracts; boards may not refuse on the basis of the requestor's adversarial posture or claimed work product protection.
What this means
For Homeowners
Tennessee common law and the Horizontal Property Act give HOA members the right to inspect official records. Work product claims and the requesting member's adversarial posture are not recognized exceptions to the inspection right.
For Boards
Respond to records requests from all members — including those who are critical of the board or involved in disputes — within a reasonable time. Refusals based on the requestor's identity or motives create legal exposure and rarely survive a court challenge.
Self-manage your Tennessee HOA and reduce dispute risk — try LotWize.
The cases above show how procedural mistakes, inconsistent enforcement, and poor record-keeping lead to costly litigation. LotWize helps self-managed boards in Tennessee track violations consistently, document meeting minutes properly, and follow the procedures that protect the association from the lawsuits in this database.
Start 14-Day Free TrialNot legal advice. Educational purposes only. Case summaries are simplified for general audiences and may omit procedural history, subsequent developments, or nuances relevant to specific situations. Tennessee HOA law varies by community type, governing documents, and changes in statute. Always consult a licensed Tennessee HOA attorney for advice specific to your situation. Last reviewed: 2026.