Unenforceable HOA rules in Tennessee: What to know

What are unenforceable HOA rules?

Unenforceable HOA rules are community regulations that conflict with state or federal law, exceed the board's legal authority, or were not properly adopted. In Tennessee, like in many states, homeowners associations (HOAs) must follow legal guidelines when creating and enforcing rules. If a rule contradicts a homeowner's rights, is vague, or was not adopted correctly, it may not hold up if challenged. The Tennessee Nonprofit Corporation Act, and provisions in the Tennessee Code, govern how HOAs operate across the state. These laws set standards for rulemaking, notice, due process, and enforcement procedures.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Potentially unenforceable HOA rules in TN

Common examples of potentially unenforceable HOA rules in Tennessee include:

• Discriminatory rules: Rules that treat residents differently based on protected characteristics such as race, religion, sex, disability, or family status could violate the federal Fair Housing Act and be unenforceable.
   
• Flag displays: Under the federal Freedom to Display the American Flag Act, residents may be allowed to display the U.S. flag, though HOAs may place certain reasonable restrictions on the size and placement of the flag.
   
• Political signs: Under the Tennessee Freedom of Speech Act, an HOA typically cannot outright prohibit political campaign signs on a homeowner’s lot, though it may impose certain size and timing restrictions.
   
• Satellite dishes: The Over-the-Air Reception Devices (OTARD) rule established by the FCC protects the right to install satellite dishes under certain conditions. Restrictions that conflict with this may be unenforceable.
   
• Overly vague rules: Rules must be specific and clear. A rule that bans "inappropriate decorations," for example, may be too subjective to enforce consistently.
   
• Retroactive rules: An HOA cannot create a new rule and apply it to something a homeowner did before the rule was enacted.
   
• Unreasonably restrictive rules: A rule that excessively limits a homeowner's ability to use their property may not be enforceable, especially if it impacts daily life.

HOAs in Tennessee should review their governing documents and consult with legal professionals before drafting or revising rules. Regular legal review can help avoid confusion, liability, or the appearance of unfairness.
 

What to do if your HOA enforces the unenforceable

If you're part of a Tennessee HOA board and a homeowner raises concerns about an unenforceable rule, the first step is to review your governing documents. Many issues stem from misalignment between bylaws, rules and regulations, and state or federal law. It’s important to listen to the concern, confirm the legal standing of the rule, and consult your association's attorney when necessary. Boards that act in good faith and follow proper procedures are in the best position to maintain credibility and trust. If a rule needs to be revised or repealed, follow your HOA’s formal process. That may include a board vote or a community-wide vote, depending on the type of rule and your governing documents.
 

How involving homeowners early can help prevent unenforceable rules

In Tennessee HOAs, rules that are developed without community input are more likely to face confusion or pushback. For example, a board might adopt a new parking restriction that unintentionally limits access for residents with mobility needs. If homeowners had been invited to a discussion or review session before the rule was finalized, the board could have adjusted the language to make it more reasonable. Consider hosting Q&A sessions, forming a community committee, or circulating draft policies. This can help surface practical concerns and reduce the chances of enacting vague or overly restrictive rules. Even when not legally required, proactive communication can help rules stand up to scrutiny and function more smoothly day-to-day.
 

Insurance considerations for unenforceable HOA rules

HOA insurance can help protect the association if a rule is challenged or leads to a dispute. If a homeowner successfully proves a rule was unenforceable, especially one that led to fines, property modifications, or loss of use, claims or legal fees could follow. Directors and Officers (D&O) coverage is especially important, as it can help protect board members in the event of claims related to enforcement decisions. Having proper insurance in place can provide peace of mind and help cover legal expenses when navigating complex rule-related situations.
 

Frequently asked questions about unenforceable HOA rules in Tennessee

Do unenforceable rules have to be removed from the governing documents?

Leaving outdated or invalid rules in your governing documents can cause confusion between board members and residents alike. If a rule is clearly unenforceable, consult legal counsel about amending or removing it.
 

Can an HOA enforce a rule that wasn't in place when someone moved in?

HOAs can adopt new rules, but those rules typically can’t be applied retroactively. Homeowners generally can’t be penalized for actions that were allowed before a new rule went into effect.
 

Can homeowners ignore unenforceable rules?

Homeowners should raise concerns through the proper channels rather than ignoring rules. Boards are more likely to respond constructively when feedback is handled respectfully and through formal processes.
 

Can an HOA enforce rules that aren’t in the governing documents?

Generally, no. In Tennessee, HOA rules must align with the community’s governing documents. If a rule isn’t supported by the declaration, bylaws, or rules and regulations formally adopted under proper procedures, it may be considered unenforceable.
 

Are HOA fines enforceable in Tennessee?

HOAs in Tennessee may have the authority to issue fines if their governing documents specifically allow it and if the fine follows proper notice and due process procedures. Fines issued without authority or proper documentation may not be enforceable.
 

How FirstService Residential supports Tennessee HOAs

At FirstService Residential, we support Tennessee HOA boards by helping them navigate the day-to-day responsibilities that come with governing a community. That includes enforcing HOA rules clearly and consistently while communicating with residents and staying aligned with your governing documents. Our teams bring the structure, service, and follow-through to help you lead with confidence so your board can focus on what matters most to your residents. Contact us to learn more about how we simplify governance for associations statewide.