Collierville, TN HOA Rules: CC&R Enforcement (2026)

Section 151.004(B) of the Collierville Code of Ordinances sets the relationship between the zoning chapter and private restrictions. Subsection (B)(1) says that when conditions in the chapter and in any other law, resolution, ordinance, rule or regulation differ, the more restrictive regulations apply. Subsection (B)(2) then speaks to private agreements directly: the chapter is not intended to abrogate any easement, covenant or other private agreement, but the chapter's requirements govern wherever they are more restrictive or impose higher standards. Section 151.004(D) adds that the zoning provisions are cumulative with other laws and ordinances on the same subject, and § 151.004(C) says nothing in the chapter is a consent, license or permit to use property.

The permit side sits in Title III. Under § 31.51, the Code Compliance Officer shall not refuse to issue a permit when the applicant complies with conditions imposed by the Town Code, zoning ordinance, subdivision regulations, design standards manual and other related codes, even though compliance with the permit might result in the violation of private agreements such as restrictive covenants. Section 31.50 bars the Code Compliance Officer from varying the terms of those codes, so a Town requirement cannot be waived or tightened because of a covenant.

Enforcement of the Town's own rules runs through § 31.47, which gives the Code Compliance Officer authority to inspect, issue notices of violation and issue citations to appear in Town Court. Fence upkeep shows where the two layers meet: § 151.006(C)(15) puts the duty to keep a fence in good repair on the property owner and/or homeowner association, and a lack of upkeep is a violation of the Town's regulations.