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Franklin, TN HOA Rules: Board Governance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Zoning Ordinance § 11.11.1
Membership
Mandatory for every owner
Dissolution
Barred except to qualifying successor
City backstop
May maintain and bill owners
Effective
January 13, 2026

Summary

Franklin's 2026 zoning ordinance requires any homeowners association receiving deeded open space to record covenants barring dissolution, mandating membership, and letting the City step in if the association fails to maintain the property.

If open space is to be deeded to a homeowners association, then the applicant shall place the open space in a public utility, drainage, and access easement and record a declaration of covenants and restrictions that shall: A. Govern the use of open space; B. Run with the land in perpetuity; C. The homeowners association shall not be dissolved, nor shall it dispose of any open space or facilities, by sale or otherwise...; D. Association membership shall be mandatory for each property owner and successive owner.

Full Breakdown

When a development deeds common open space to a homeowners association instead of the City, Franklin Zoning Ordinance § 11.11.1 requires the applicant to place that land in a recorded easement and covenant. The covenant must govern use of the open space, run with the land permanently, bar the association from dissolving or selling the property except to a qualifying successor organization, and make membership mandatory for every current and future property owner. If the association later neglects the open space, the City can step in to maintain it and bill the cost against owners jointly and severally.

Violations & Fines

Developers who skip a compliant declaration can't get site plan approval, and an HOA that dissolves without a qualifying successor breaches the covenant, letting the City maintain the open space and bill owners.

Frequently Asked Questions

Does this apply to every Franklin HOA?
Only ones that receive deeded common open space from a development under the zoning ordinance's open-space set-aside; it doesn't reach HOAs formed for other reasons.
Can a Franklin HOA sell its open space?
No, § 11.11.1(C) bars sale or dissolution except a transfer to an organization created to own and maintain the same open space and facilities.

Sources & Official References

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