Tennessee has no statute on subdivision covenant enforcement. CC&Rs and architectural rules are enforced as recorded restrictive covenants under common law, which Tennessee courts strictly construe against the association. Condominium associations gain added enforcement powers from the Condominium Act (T.C.A. § 66-27-403), but design review still flows from the recorded declaration.
For ordinary HOAs, enforcement of CC&Rs rests on the recorded declaration and Tennessee common law. Tennessee courts hold that restrictive covenants are "in derogation of the right to freely use and enjoy one's property" and are strictly construed, with ambiguities resolved "in a manner which advances the unrestricted use of the property." Architectural-approval covenants requiring association or committee sign-off are valid and enforceable so long as the association "acts reasonably and in good faith" (see Hershey v. Cathey; Royalton Woods HOA v. Soholt). For condominiums, § 66-27-403 lets the board "act in all instances on behalf of the association," giving it added authority to enforce the declaration, bylaws, and rules. There is no Tennessee statute granting attorney fees for general covenant enforcement; fee recovery depends on the declaration.
No fixed statutory penalty. An HOA enforces covenants through civil suit for injunctive relief or damages; courts may order a non-conforming structure removed when the covenant clearly applies. Because covenants are strictly construed, ambiguous restrictions are resolved against the HOA, and attorney-fee recovery depends on the declaration, not statute.
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