Tennessee Limits on HOA Power: Flags Protected (§ 66-27-602), Solar Not

For flags, § 66-27-602(a) provides that "no homeowners' association shall adopt or enforce a dedicatory instrument provision that prohibits, or has the effect of prohibiting, a property owner from displaying the flag of the United States of America or an official or replica flag of any branch of the United States armed forces." Subsection (b) allows "reasonable rules and regulations regarding the placement and manner" of display, and the statute applies to dedicatory instruments created or amended on or after July 1, 2017. For solar, the Solar Access Law of 1979 (§ 66-9-201 et seq.) lets owners voluntarily create recorded solar easements but contains no provision voiding HOA covenants, so an HOA may still restrict or prohibit panels. Tennessee has no comprehensive HOA act capping powers; the flag statute is the notable owner protection that binds HOAs.

No penalty on the homeowner. An HOA flag ban adopted or amended on or after July 1, 2017 is unenforceable under § 66-27-602, though reasonable placement and manner rules survive. On solar, Tennessee imposes no override, so an HOA's covenant restrictions on panels generally stand and the owner has no statutory exemption.