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Sumner County, TN HOA Rules: Board Governance (2026)

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

Key Facts

Formation deadline
Before any lots are sold
Membership
Mandatory for every owner
Filed with
Final Plat or Major Site Plan application
Recording
With first final subdivision plat
Corporate status
Must incorporate, remain active permanently
County review
Limited to Chapter 8 compliance only

Summary

Sumner County requires any subdivision with common open space to form an incorporated homeowners' or property owners' association before a single lot is sold, with mandatory membership for every owner and permanent, recorded covenants that cannot be watered down.

These county ordinances apply to unincorporated areas of Sumner County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A. The applicant shall file a declaration of covenants and restrictions that will govern the association. Copies of the proposed covenants, articles of incorporation, and bylaws of the homeowners' or property owners' association shall be submitted with the application for Final Plat or as part of a Major Site Plan approval. The provisions shall include, but not be limited to, the following: 1. The association must be established before any lots are sold; 2. Membership must be mandatory for each property owner and any successive property owner... D. The homeowners' or property owners' association shall be incorporated and shall remain active permanently. In the event of dissolution of the homeowners' or property owners' association for any reason whether administrative or otherwise, responsibility for maintenance of all common areas shall become that of the individual lot owners within the subdivision on a pro-rata basis...

Full Breakdown

Section 806 of the Sumner County Zoning Resolution requires that whenever common open space or common areas are required or proposed within a residential development, the developer establish a homeowners' or property owners' association to permanently maintain them. Section 806(A) requires the applicant to file a declaration of covenants and restrictions along with the association's articles of incorporation and bylaws with the Final Plat or Major Site Plan application, and those governing documents must provide that the association is established before any lots are sold, that membership is mandatory for every property owner and successive owner, and that the open-space restrictions are permanent rather than time-limited.

Section 806(C) requires the covenants to be recorded with the first final subdivision plat, and bars any set of covenants, articles or bylaws from abrogating the duties Section 806 imposes. Section 806(D) requires the association itself to be incorporated and to remain active permanently; if it dissolves for any reason, administrative or otherwise, maintenance responsibility for the common areas passes to the individual lot owners on a pro-rata basis, though the covenants may allow any lot owner to re-form the association and assess every lot equally to fund the needed maintenance.

Section 805(A)(1)(a) gives the County a limited review role: it examines the association's governing documents solely to confirm compliance with Chapter 8's open-space requirements, and accepting those documents does not amount to County endorsement of the association's other rules or restrictions unless the County specifically required them, such as a stormwater maintenance agreement.

Violations & Fines

Covenants, articles or bylaws that attempt to abrogate the open-space maintenance duties Section 806 imposes are void under Section 806(C). An association that dissolves shifts its permanent maintenance obligations onto individual lot owners on a pro-rata basis under Section 806(D), and County acceptance of governing documents never excuses noncompliance with the Chapter 8 requirements those documents must meet.

Frequently Asked Questions

When must a Sumner County subdivision HOA be formed?
Section 806(A)(1) requires the association to be established before any lots in the subdivision are sold, with the covenants, articles of incorporation and bylaws filed alongside the Final Plat or Major Site Plan application.
Is HOA membership mandatory in Sumner County subdivisions?
Yes, if the development includes required common open space. Section 806(A)(2) requires the governing documents to make membership mandatory for each property owner and every successive owner who buys the lot later.
Does Sumner County approve my HOA's rules?
No. Section 805(A)(1)(a) limits the County's review to confirming the documents meet Chapter 8's open-space requirements; accepting them is not an endorsement of the association's other rules unless the County specifically required that provision.
What happens if a Sumner County HOA dissolves?
Section 806(D) shifts common-area maintenance to the individual lot owners on a pro-rata basis, though the covenants may let any lot owner re-form the association and assess every lot equally to cover the maintenance instead.

Sources & Official References

Other rules in Sumner County

All Sumner County rules

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