Tennessee HOA CC&Rs: Everything you need to know

What are CC&Rs?

Covenants, Conditions, and Restrictions, commonly called CC&Rs, are recorded property rules that shape how homes, lots, and shared areas may be used. CC&Rs in Tennessee HOAs can set owner responsibilities, establish the association’s powers, and create rules that remain connected to the property when it is sold. They form the foundation of governance for many planned communities.
 

What do Tennessee CC&Rs include?

Tennessee CC&Rs often cover:

• Property use: Limits on activities, nuisances, businesses, pets, HOA parking, and other uses
   
• Architectural standards: Approval requirements for exterior changes, landscaping, additions, and renovations
   
• Maintenance responsibilities: Duties assigned to the association and individual owners
   
• Assessments: The association’s authority to collect HOA fees and special assessments
   
• Enforcement: Available remedies when an owner or the association violates the documents
   
• Rental provisions: Short-term rental rules, minimum terms, and other lawful restrictions
   
• Insurance: HOA insurance coverage responsibilities for the association and owners
   
• Easements: Rights to enter, access, repair, or use parts of the property

How CC&Rs are enforced in Tennessee

The association, typically acting through its board, is responsible for enforcement. A property management company may document concerns, send notices, track deadlines, and coordinate hearings, but it acts under the board’s direction.

Depending on the declaration and applicable law, the association may seek compliance, impose a fine or suspend certain privileges or services after the required process, recover damages, or involve qualified legal counsel. The association should follow any notice, hearing, or other enforcement procedures required by its governing documents and applicable Tennessee law.
 

Amending CC&Rs in Tennessee

Amendment requirements depend on the type of community:

• Condominiums: For condominiums governed by the Tennessee Condominium Act of 2008, amendments generally require approval from owners holding at least 67% of the association’s allocated votes, unless the declaration requires more. Certain amendments may require additional consent. Approved amendments must be properly executed and recorded in every county where the condominium is located (Tenn. Code Ann. § 66-27-317).
   
• HOAs: For non-condominium HOAs, the approval percentage and amendment process generally come from the declaration and other governing documents. Some amendments may also require approval from a developer, lender, or another named party. Approved amendments should be properly executed and recorded with the appropriate county Register of Deeds.

Learn more in our guide to amending governing documents in Tennessee.
 

Where to find your CC&Rs

CC&Rs are usually available from the association, property manager, seller, closing attorney, title company, or the county Register of Deeds where the community is located.

For communities managed by FirstService Residential, authorized users may also be able to access CC&Rs through FirstService Residential Connect™. Owners can speak with their property manager or contact our 24/7 Customer Care team for help finding the right documents.
 

CC&Rs vs. declaration

The terms “CC&Rs” and “declaration” are often used interchangeably. In many Tennessee communities, the declaration is the recorded legal document that contains the community’s covenants, conditions, and restrictions.

The document may be titled a “Declaration of Covenants, Conditions, and Restrictions,” “Declaration of Restrictions,” or something similar. Regardless of the title, it generally establishes the restrictions affecting the property, the association’s authority, owners’ obligations, assessment requirements, and other basic community rules.
 

Other HOA governing documents

Tennessee CC&Rs are only one part of an association’s governing structure. Other documents may include:

• Articles of incorporation: Establish the association as a legal entity and outline its basic corporate powers.
   
• Bylaws: HOA bylaws explain how the association operates, including HOA meetings, elections, officers, and board procedures.
   
• Rules, regulations, and board policies: HOA rules and regulations provide more detailed standards for day-to-day community life but should not conflict with higher-ranking documents. Learn more in our guide to enforcing HOA rules.

Each document serves a different purpose. Together, they help define how the community is governed and how owners, board members, and the association share responsibilities.
 

Which HOA documents control?

After federal, state, and local law, the declaration generally controls property restrictions, while the articles of incorporation and bylaws govern the association’s corporate structure and procedures. Rules, regulations, and board policies must remain consistent with the authority granted by those documents.
 

HOA CC&R enforcement tips for board members

1. Work with qualified professionals

   CC&R enforcement can involve legal requirements, resident concerns, and community relationships. A property management company can help the board organize records, prepare notices, track deadlines, and coordinate next steps. Qualified association counsel can help interpret the governing documents and Tennessee property management laws. Working together gives the board a clearer picture before it decides how to move forward.
    

2. Start with the governing documents

   Before taking action, it helps to identify the exact covenant, rule, or policy involved and check whether it is still current. The board may also need to review applicable Tennessee law and any required hearing or notice process. A clear starting point can reduce confusion and help everyone understand what the concern is really about.
    

3. Keep communication clear and respectful

   Violation notices work best when they explain what was observed, which provision may apply, and what the owner can do next. The tone should be calm, direct, and helpful. Clear dates, photos, or other details may also help. Owners should know who to contact if they have questions or information the board should consider.
   
   The goal should be to resolve disputes and resident conflict in your HOA.
    

4. Keep useful records

   Well-organized records can help the board understand what happened and what steps were taken. This may include notices, photographs, owner responses, hearing materials, and the final decision. HOA meeting minutes should capture the action taken without including more personal detail than needed. Good records also make follow-up easier when board members or managers change.

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.