Rutherford County, TN HOA Rules: Board Governance (2026)
Key Facts
- Max lots on a private easement (minor sub.)
- 3 lots
- Minimum lot size
- 5 acres each
- Minimum easement width
- 50 feet
- HOA required for
- Perpetual road maintenance
- Master Deed must
- Fund upkeep, name HOA not county
- Larger subdivisions
- Require approved PUD pattern book
Summary
In unincorporated Rutherford County, a minor subdivision of up to three lots off a private street or road easement can skip full Subdivision Regulations compliance only if the developer forms a Homeowners Association to permanently maintain that easement. Article III Section C.6 also requires PUD Master Deeds to name the HOA, not the county, as responsible for private street upkeep and funding.
(D) The developer shall establish a Homeowners Association to provide for the perpetual maintenance of the private street/road easement. ... The Master Deed or declaration of covenants ... shall contain in its description of the common element(s), a specific designation of the private ... street as the responsibility of the Homeowners Association and not of Rutherford County. The Master Deed, or declaration of covenants, shall also provide for a sufficient level of funding to offset the reasonable and foreseeable costs of maintaining the private street.
Full Breakdown
Rutherford County's Subdivision Regulations treat private streets as an exception, not the norm. a bars platting a private street in any major subdivision unless the project is approved as a Planned Unit Development, and otherwise requires every lot to be served by a publicly dedicated street. Two narrow exceptions exist. First, a single tract of five acres or more can be split off a private street or road easement at least 50 feet wide without going through Subdivision Regulations review at all, but only one tract may access that easement.
ii(D). b), where the private street is shown on the plat as both a lot-access easement and a public utility easement. d requires the Master Deed or declaration of covenants to comply with the Zoning Ordinance, to specifically designate the private street as a common element under the Homeowners Association's responsibility rather than the county's, and to set a funding level sufficient to cover the reasonable and foreseeable cost of maintaining that street. c.
Violations & Fines
No plat creating a private-street subdivision may be recorded with the County Register until the Planning Commission gives written approval, per T.C.A. § 13-3-402 as adopted in Subdivision Regulations Article V Section A.1. Selling lots off an unapproved plat is a Class C misdemeanor under T.C.A. § 13-3-410(a), and the county can sue to enjoin the sale or force removal of any structure built in violation.
Frequently Asked Questions
Does the county ever maintain a private street in a subdivision?
When must a developer form an HOA for a private street?
Can I split off a lot on a private easement without an HOA?
Sources & Official References
Other rules in Rutherford County
Compare Rutherford County to another location·View the Tennessee hoa rules overview
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