Tennessee residential parking laws: A guide for your HOA

What are Tennessee residential parking laws?

Tennessee’s main residential parking laws are the state’s prohibited parking law, roadway parking rules, and the MOTION Act. Together, these laws establish baseline rules for where and how vehicles may be parked and how unauthorized or abandoned vehicles may be removed.

Local ordinances often provide the most specific neighborhood parking rules, while federal accessibility laws and an HOA’s governing documents may impose additional requirements.
 

Key laws HOAs should know

Board members should review the complete law and consult qualified association counsel before towing a vehicle or adopting a new restriction.

• Curb and roadway parking: Unless another rule applies, a vehicle parked along a roadway with curbs must generally be parallel to and within 18 inches of the right-hand curb. Local authorities may permit left-side parking on certain one-way roads, angle parking, or additional posted parking restrictions (Tenn. Code Ann. § 55-8-161).
   
• Accessible parking: Properly designated accessible spaces may be used only by eligible drivers or passengers displaying an authorized plate or placard. State law also addresses the number, signage, access aisles, and use of certain accessible spaces. Federal fair housing law may require a reasonable parking accommodation for a resident with a disability, and federal ADA standards may apply to public-facing areas of a community (Tenn. Code Ann. §§ 55-21-105 and 55-21-108; Fair Housing Act; Americans with Disabilities Act).
   
• Abandoned vehicles on HOA-controlled property: A vehicle may meet Tennessee’s definition of an abandoned motor vehicle if it remains on private property without the consent of the owner or person controlling the property for more than 48 hours. A vehicle left in a parking lot for more than 30 consecutive days may also qualify. The definition does not replace required towing procedures (Tenn. Code Ann. § 55-31-102).
   
• Abandoned vehicles on a resident’s private residential property: A vehicle left without the consent of the owner or person controlling the property may meet Tennessee’s definition of an abandoned motor vehicle without a 48-hour wait. The definition does not replace required towing procedures (Tenn. Code Ann. § 55-31-102).
   
• Private property towing: A property owner or authorized agent may have an unauthorized vehicle removed from private property. Depending on the property and circumstances, posting, authorization, notification, and other procedural requirements may apply before or after the tow (Tenn. Code Ann. §§ 55-31-204, 55-31-205, and 55-31-302).
   
• Towing records and owner notice: Tennessee law establishes procedures for verifying vehicle ownership and notifying registered owners after certain vehicles are taken into a towing company’s custody. Boards should work with a qualified towing provider that understands current state requirements (Tenn. Code Ann. §§ 55-31-301 and 55-31-302).

Can an HOA regulate parking on public streets?

An HOA’s strongest authority usually applies to association-owned roads, parking lots, garages, and other private property. Public streets are typically controlled by the applicable city, county, or state authority.

However, the governing documents may contain contractual parking restrictions affecting owners. Because Tennessee residential parking laws, local ordinances, and HOA documents may overlap, boards should have counsel review the community’s authority before issuing fines or arranging a tow.
 

Can a Tennessee HOA tow a vehicle?

An association may be able to tow a vehicle from private property when the governing documents authorize parking enforcement and the association follows Tennessee towing requirements. Tennessee residential parking laws should be reviewed alongside the HOA’s declaration and towing policy before any vehicle is removed.
 

Tips for board members creating HOA parking rules

How do you make your association's parking policies fair and simple to follow? Here are 6 essential questions to ask before you create or enforce regulations:

1. Understand your association’s authority

   Before you create or implement a new parking policy, check who has control over your community's roads. Your community cannot override local or state rules addressing the usage of public roads.
   
   You may not be able to enforce fines or tow vehicles illegally parked on a public road, even if it runs through your community. In this case, you'll need to report the matter to the city or county that has jurisdiction over the public route. You can request that the vehicle be towed immediately if it poses a hazard to a resident's health, safety, or welfare, blocks a fire hydrant, or is parked in a handicapped spot.
   
   Your association attorney and management company can help you determine what jurisdiction you have over the roads in your community to avoid unenforceable HOA rules.
    

2. Check state and local parking laws

   Before adopting HOA parking rules, always check state and local laws. Your state or municipality may have laws governing how your community handles parking and how violations are enforced.
   
   Consult your association's attorney if you're not sure which local laws apply to your association's rules and regulations. Your management company should help keep you and your board abreast of the latest local laws and ordinances.
    

3. Keep the rules clear

   Residents may be confused about what constitutes a violation if your governing documents do not clearly explain the parking language. At the same time, an overly strict parking policy, like any harsh policy, can cause headaches for everyone. Check that your parking policy contains the following to save your residents and fellow board members a lot of aggravation:
    
   • A list of what is and is not allowed, including parking areas that are prohibited by law and rules specific to your association. For example:
      
     • Handicapped spots
        
     • Loading zones
        
     • Fire hydrants
        
     • Guest parking
        
     • Vehicle restrictions
   
   
   • Authorization for your board to grant exceptions and waivers at its discretion
      
   • Your association’s right to enforce parking regulations and levy fines
      
   • Information around towing, including the association’s authorization to tow, reasonable notification procedures, and the owner’s responsibility for towing-related expenses, if applicable
   
   If any of these details are missing, you may need to amend your governing documents. If your current policy is no longer compliant with current state and local laws, you may need to update it.
   
   You may also need to update your current policy if parking issues have emerged that aren’t addressed by the existing policy or if changes to your community require additional or modified restrictions (if you have recently built a new recreational space that requires limited or hourly parking, for example).
   
   As always, involve your association’s attorney to confirm that you’re following the law and fairly enforcing the rules.
    

4. Share reminders often

   Your association’s governing documents should be updated with the latest parking policies so that residents can refer back to them, and you should also communicate them regularly. As with most information, “out of sight, out of mind” often holds true.
   
   Rather than relying on homeowners to check the regulations and advise their renters and guests, your board should reinforce your parking policy on a regular basis. Send email reminders, display the policy in a prominent location on the property and on your community website, address it in an association meeting, or add an informative item in your newsletter.

   "The best strategy in policymaking is to be proactive. The management team can help the board anticipate all possible situations and create rules to handle these; communicate clearly and often to the residents; and help train the staff to enforce rules fairly and without any bias."
   
   Debby Wolf, regional director for FirstService Residential

   Get to know the most effective communication methods for your community by reading about policy communication best practices and working closely with your association management company.
    

5. Get the right support

   A professional property management company with a local presence should be knowledgeable and can share best practices from other communities. This firm should provide experienced, qualified, and well-trained staff to assist your association in enforcing parking rules.
   
   The management team can also assist by planning and executing a communication strategy that supports compliance with Tennessee property management laws so residents are aware of the parking policy.
    

6. Enforce rules fairly

   Maintain a positive reputation with residents and business owners by consistently enforcing parking rules and avoiding bias. When it comes to following policies, don't give special treatment to certain residents or board members. This behavior can cause neighborhood disputes and harm your reputation.
   
   It can even lead to resident complaints or discrimination lawsuits in a worst-case scenario.
   However, while fair and consistent enforcement is crucial, there may be extenuating circumstances that can affect your decision (emergency situations, natural disasters, etc.).
   
   FirstService Residential has worked with associations in various crisis situations and has helped associations determine the best course of action to take. Effective communication in these instances is especially important.

About FirstService Residential

FirstService Residential supports Tennessee HOAs, condo associations, high-rises, lifestyle communities, and master-planned communities with local expertise backed by national resources. Our teams help boards stay organized with governance support, recordkeeping, financial management, vendor coordination, banking and insurance programs, resident communication, and 24/7 customer care.

We help boards apply consistent processes that align with their governing documents and Tennessee law, so board members can stay focused on long-term community goals instead of day-to-day administration.

Contact a member of our team today to learn more.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.