Tennessee Statewide Rule

Tennessee Covenant & Architectural Enforcement: Declaration + Common Law

Few RestrictionsApplies statewide across Tennessee (2026)

Tennessee has no statute on subdivision covenant enforcement. CC&Rs and architectural rules are enforced as recorded restrictive covenants under common law, which Tennessee courts strictly construe against the association. Condominium associations gain added enforcement powers from the Condominium Act (T.C.A. § 66-27-403), but design review still flows from the recorded declaration.

Key Facts

Governing law: Recorded declaration + Tennessee common law (no covenant statute)
Construction rule: Covenants strictly construed against the association
Architectural review: Valid if association acts reasonably and in good faith
Condo enforcement: Board acts on association's behalf (§ 66-27-403)
Attorney fees: Only if the declaration provides — no general statute

Last verified: 2026-06-27

Full Breakdown

For ordinary HOAs, enforcement of CC&Rs rests on the recorded declaration and Tennessee common law. Tennessee courts hold that restrictive covenants are "in derogation of the right to freely use and enjoy one's property" and are strictly construed, with ambiguities resolved "in a manner which advances the unrestricted use of the property." Architectural-approval covenants requiring association or committee sign-off are valid and enforceable so long as the association "acts reasonably and in good faith" (see Hershey v. Cathey; Royalton Woods HOA v. Soholt). For condominiums, § 66-27-403 lets the board "act in all instances on behalf of the association," giving it added authority to enforce the declaration, bylaws, and rules. There is no Tennessee statute granting attorney fees for general covenant enforcement; fee recovery depends on the declaration.

Violations & Penalties

No fixed statutory penalty. An HOA enforces covenants through civil suit for injunctive relief or damages; courts may order a non-conforming structure removed when the covenant clearly applies. Because covenants are strictly construed, ambiguous restrictions are resolved against the HOA, and attorney-fee recovery depends on the declaration, not statute.

Frequently Asked Questions

How does a Tennessee HOA enforce its CC&Rs?

Through the recorded declaration and the courts. Tennessee has no covenant-enforcement statute for subdivisions, so CC&Rs are enforced as restrictive covenants under common law, typically by a civil suit for an injunction or damages when an owner violates a clearly worded restriction.

Can a Tennessee HOA enforce architectural restrictions?

Yes, when the recorded declaration creates them. Tennessee courts hold architectural-approval covenants valid and enforceable as long as the association or review committee acts reasonably and in good faith, and has required and not received the plans the covenant calls for.

Do Tennessee courts favor the HOA in covenant disputes?

No. Tennessee strictly construes restrictive covenants against the party enforcing them and resolves ambiguities in favor of the unrestricted use of property. A covenant must clearly and expressly prohibit the conduct before a court will enforce it against an owner.

Sources

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