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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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

(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?
No. Section C.6.d requires the PUD's Master Deed or declaration of covenants to designate the private street as the Homeowners Association's responsibility, not Rutherford County's, and to fund that maintenance, so the county never takes over upkeep of a private road it approved.
When must a developer form an HOA for a private street?
Whenever a minor subdivision of up to three lots, each over five acres, sits on a 50-foot private street or road easement, Section C.6.a.ii(D) requires the developer to establish a Homeowners Association before the county will approve the arrangement.
Can I split off a lot on a private easement without an HOA?
Yes, if only one five-acre-or-larger tract is being divided off a private easement at least 50 feet wide, Section C.6.a.i allows it without Subdivision Regulations review or an HOA, because only a single owner uses the easement.

Sources & Official References

Other rules in Rutherford County

All Rutherford County rules

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