Tennessee

Frances I think you're SOL (Sorry Out of Luck) in this matter. There doesn't seem to be any laws regarding HOA's in Tennessee. Indeed the only thing I found was Title 66 - 27 The Horizontal Property Act which deals apparently with condominiums however I couldn't find a link that would actually display the law and Tennessee has possibly the worst state website I have ever seen. You might try researching the law for non-profit corporations in Tennessee if you can find it; it may hold the information you seek.

We are in the Single Family Home section of our development, which has 219 homes, 228 townhomes, 240 apartments and 54 condos. The SFHOA is reluctant to have people attend BOD meetings. claiming it "It is not a dinner show." The president claimed that our attorney said not to post meeting minutes on the website. It is true that was the advice,but the president had asked about the "open" website rather than the residents only portion. The Board commandeered the former website away from the Communications Committee on the grounds that the new website is free, but only BOD members have administrative access to it now. (The former website, which had been voted for by the BOD, still had 8 months of service left on the contract.) The BOD has deleted messages that they do not like, like a question as to why 3 elected directors resigned, and 1 appointed one resigned after 2 months.

The minutes of last year's annual meeting were not provided on the pretense that it would have increased the cost of sending the packet that went out with candidate bios. A copy was not provided at the annual meeting either, and the President just asked if anyone wanted him to waste time reading the whole thing, so he just skimmed over them.

They have also disbanded the Social/Welcome Committee (as well as the Communications Committee) on the grounds that if someone were hurt visiting a new neighbor with a welcome basket, that person could sue the HOA.

I would also like to know if we have the right, by law, to know the number of votes for each candidate that was elected.

Thanks so much for the feedback.

Hi Donna,

I agree with your assessment that it is a dictatorship. More of the story--When the developer turned control over to the residents in 2005, there were no by-laws written for the Master Association, and the SFHOA was acting as the Master. This all came to light last year, and an attorney and accountant were engaged to get everything straightened out. As it turned out, the Townhomes and apartments were paying too much and the SFH had a lot of legal expenses, particularly because of 1 owner who built a house that was not ACC approved (long story there). The president dictated that he was the only one allowed to talk to the lawyer and accountant so there weouldn't be too many excess charges; however, he did not keep anyone apprised of progress. There is now a Master HOA Board consisting of the Presidents of the sub-entities, and one at-large person to be a tie-breaker. There will not be an all-residents meeting until next April.

My biggest problem is resentment at the lack of information, and the fact that they are taking control of everything. For instance, the Social/Welcome committee had been doing a great job of greeting new neighbors. They also started activities for different interest groups. People signed up at the annual meeting and the Block party, and we started a book club, wine tasting, nature appreciation, and bridge lessons. I believe this Board has changed the whole atmosphere from an effort to make us a community to everyone on his own. Grrrrrr!

Thanks again for your help. I just don't know how to get info on how much of this secrecy is legal in TN.

Frances,

I understand your frustration with the Board undoing the welcome committe /social group but you have much bigger fish to fry right now. Yes, it is a shame that the Board does not see the benefit of any group of members who volunteer to work for the Board and the community. BUT, you need to get some bylaws for the Master and get the place up and working for all of the members and get some lessening of power for the President. It is complicated when you have different entities within one developement. But at least there is a start to sharing the responsibilities. Be proactive. This kind of community is fairly new for Tennessee so there is much work to be done within the State. You can contact me at [email protected] to let me know where you are. I am interested in starting to rattle some big shot's cages in the State capitol

I'm new to the forums. I'm also in Chattanooga, and in a subdivision with CC&Rs but a "voluntary" HOA. I'm the current president, and we're having such a difficult time collecting dues, and trying to find info on turning the voluntary association into mandatory. The main reason for this is the front entrance, which is landscaped and has utilities, and it isn't fair that it's everyone's responsibility but only half the residents pay to upkeep.

I should probably post a new thread, but wanted to let you know we're in TN also.

Jerry