Manchester, TN asked in Landlord - Tenant and Real Estate Law for Tennessee

Q: Can an HOA Board of Directors increase monthly fees or charge a special assessment without approval from the owners.

2 Lawyer Answers
T. Augustus Claus
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A: In Tennessee, the authority of an HOA Board of Directors to increase monthly fees or impose special assessments without owner approval depends on the language in the governing documents, such as the bylaws and CC&Rs. Generally, HOA Boards have certain powers to manage the community's financial matters, including adjusting fees to cover expenses. However, some governing documents might stipulate specific requirements for owner approval before implementing fee increases or special assessments. It's crucial to review your HOA's governing documents to understand the Board's authority and any approval processes in place.

Anthony M. Avery
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  • Landlord Tenant Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You will need to read the Master Deed and any other applicable covenants that run with the land, which all should be recorded.

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