HOA assessments in Nashville are governed by each association's declaration and the Tennessee Nonprofit Corporation Act. Associations may levy regular and special assessments as authorized by their governing documents. Assessment liens can be placed on properties for unpaid dues. Tennessee does not provide a statutory super-priority lien for HOA assessments.
HOA assessments in Nashville are established through the association's declaration and bylaws, operating under the Tennessee Nonprofit Corporation Act. The declaration defines the allocation formula for regular assessments among units, the process for adopting the annual budget, and the procedures for levying special assessments. Special assessments for major capital improvements or unexpected expenses typically require membership approval at a percentage specified in the declaration (commonly 67% or 75% of allocated votes). The association has the right to place a lien on a delinquent owner's property for unpaid assessments, with the lien authority and procedures typically detailed in the declaration. Tennessee does not provide a statutory super-priority lien for HOA assessments, meaning the assessment lien's priority depends on when it is recorded relative to other liens and mortgages on the property. Late fees and interest accrue at rates specified in the declaration. The association may pursue collection through demand letters, small claims court (for amounts under $25,000 in Tennessee), or circuit court. Attorney fees may be recovered if authorized by the governing documents. The association must follow its own procedures for notice and hearing before pursuing aggressive collection measures.
Failure to pay assessments results in late charges, interest, and lien recording. The association may pursue collection including demand letters, court judgment, and lien foreclosure. Attorney fees are recoverable if authorized by governing documents. Tennessee does not cap HOA attorney fees in collection.
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