Williamson County, TN HOA Rules: Board Governance (2026)
Key Facts
- Trigger
- 2+ lot subdivision with common open space
- Formation deadline
- Before any lot is sold
- Membership
- Mandatory for every owner, successive owners too
- Filing point
- With Final Plat or Major Site Plan
- Duration
- Permanent incorporation required
- If HOA dissolves
- Lot owners assume duties pro-rata
Summary
Any unincorporated Williamson County subdivision of two or more lots with required common open space must form a homeowners' or property owners' association before any lot is sold, with mandatory, permanent membership and permanent incorporation. Covenants, articles and bylaws must be filed with the Final Plat or Major Site Plan.
Where common open space or common areas are required and/or proposed within a residential development consisting of two or more lots, a homeowners' or property owners' association shall be established to permanently maintain all open space and common areas ... (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.
Full Breakdown
06 of the Williamson County Zoning Ordinance requires that, wherever common open space or common areas are required or proposed within a residential development of two or more lots, a homeowners' or property owners' association be established to permanently maintain that open space and common areas. 06(A), the applicant must file a declaration of covenants and restrictions along with proposed articles of incorporation and bylaws at the time of the Final Plat application or as part of a Major Site Plan approval, and those documents must provide that the association is established before any lots are sold (A)(1), that membership is mandatory for every owner and successive owner (A)(2), and that the open-space restrictions are permanent rather than for a set term (A)(3).
06(C) requires the covenants to be recorded with the final subdivision plat and bars any covenant, article or bylaw from letting the association abrogate the duties this section sets. 06(D) goes further than mere formation: the association must be incorporated and remain active permanently, and if it dissolves for any reason, whether administrative or otherwise, maintenance responsibility for the common areas passes to the individual lot owners on a pro-rata basis, though owners may instead re-form the association under the subdivision's restrictive covenants and assess each lot equally to fund the needed maintenance.
Violations & Fines
Because covenants, articles and bylaws are a condition of Final Plat or Major Site Plan approval, a developer that fails to file or record them under 16.06(A) and (C) cannot obtain plat approval in the first place. Once formed, letting the association's incorporation lapse or its permanent status end without re-forming it or shifting maintenance to lot owners is itself noncompliance with Section 16.06(D), which the County may address through the non-performance remedies in Section 16.06(E), including injunction, lien, or other civil remedy for unmaintained common areas.
Frequently Asked Questions
Does every subdivision in Williamson County have to form an HOA?
When does the HOA legally have to exist?
Can a homeowner opt out of HOA membership?
What happens if the HOA is dissolved?
Sources & Official References
Other rules in Williamson County
Compare Williamson County to another location·View the Tennessee hoa rules overview
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