Tennessee Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties

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Multi-State
Control #:
US-1126BG
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Word; 
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Description

Covenants, conditions, and restrictions (CC&Rs) of the subdivision are likely the most important documents affecting the subdivision and are usually created when the subdivision is initially formed, and as such are often recorded in the official property records of the county or other jurisdiction where the subdivision is located. Commonly the CC&Rs specify what types of structures can be placed on a lot (e.g. an upscale community may prohibit mobile homes or travel trailers and require minimum sizes on dwellings, along with offsets from the property line where building is prohibited) and other property restrictions (e.g. no animals except for traditional household pets, no operation of commercial business). Generally CC&Rs are enforceable as legal documents. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties

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FAQ

If you miss an HOA payment, you'll receive a notice that you failed to pay. In most cases, a late fee will be added to your amount due. If you don't pay within 30 days, the amount of that fine may be increased and you may have your HOA privileges suspended.

In Tennessee, the median monthly HOA fee is $150, making it the state with the fifth-lowest dues. To put it into perspective, HOA dues account for 12.4 percent of total monthly housing costs in the Volunteer State. In comparison, the median monthly HOA fee nationwide is $290.

The CC&Rs set out the rules of the HOA community. They describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. The bylaws, on the other hand, govern how the HOA operates.

The CC&Rs must be recorded with the county recorder's office in order to create certain restrictions on the property and provide recorded notice of the contractual obligations on the deed to prospective buyers. You should be able to find a copy of the CC&Rs on your county assessor's official government website.

If you fail to pay your HOA or COA assessments in Tennessee, the association can generally get a lien on your property and might foreclose on your home.

Tennessee is not too far behind. While the Volunteer State does not have a designated Act governing HOAs, legislators are considering passing one (SB405). If passed, this bill, titled the Tennessee Homeowners Association Act, shall control how HOAs operate.

If you recently purchased a home and did not receive a copy of your CC&Rs, contact your title company for assistance. You can also obtain a copy of your CC&Rs by visiting one of our office locations or sending us a copy order. 200bIf you have questions or need further assistance, call our office at (916) 874-6334.

To find your local CCR, visit EPA's Consumer Confidence Reports page . To find your local health department, use NACCHO's Directory . Review the EPA's Safe Drinking Water Information .

Like most states, Tennessee does not require HOAs for single-family residential communities to carry property or liability insurance. Only thirteen states do. 10 However, most states require condominium HOAs to carry both property and liability insurance.

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Tennessee Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties