A guest slips on an icy common walkway. A vendor says the board broke a contract. A neighbor says the association ignored a leak. Condo owners often wonder whether a claim like that can land on them personally. Under the Tennessee Condominium Act, Tennessee Code § 66-27-411 gives a direct answer: any action alleging a wrong done by the association must be brought against the association and not against any unit owner.
| Question | What Tennessee law says |
|---|---|
| Claim says the association did something wrong | Must be brought against the association, not any unit owner (§ 66-27-411) |
| Can a unit owner sue the association? | Yes; being an owner, member, or officer does not prevent it (§ 66-27-411) |
| Financial records | Kept in enough detail to comply with §§ 66-27-502 and 66-27-503 (§ 66-27-417) |
| Who may examine records | Any unit owner, any mortgage or deed of trust holder on a unit, and their authorized agents (§ 66-27-417) |
Source: Tennessee Code §§ 66-27-411 and 66-27-417.
The association is the defendant
The association is the legal body that runs the common elements and signs the contracts. Section 66-27-411 keeps a claim about the association's conduct pointed at the association. Someone who believes the association did them wrong does not get to pick out an individual owner and sue that owner for it.
The same section also protects owners on the other side of a dispute. A unit owner is not precluded from bringing that kind of action because they are a unit owner, or a member or officer of the association. If the association damaged your unit, you can still pursue the association.
Why this still matters to your HO-6
The statute decides who gets sued. It does not decide who ends up paying. If the association owes money on a claim, that money comes from the association, and the association is funded by its owners. When a cost is bigger than the association's insurance or reserves, owners can face an assessment. Some HO-6 policies offer loss assessment coverage, but not every assessment is covered. Covered causes, exclusions, deductibles, and limits determine whether the policy pays. Read more: Tennessee condo law lets your association bill you for uninsured damage and put a lien on your unit if you do not pay.
Your own unit is also separate. A claim about something that happened inside your unit, or something you did, is not a claim about the association's wrong. That is where the personal liability part of an HO-6 policy comes in.
Your right to see the association's records
Tennessee Code § 66-27-417 says the association must keep financial records detailed enough to comply with §§ 66-27-502 and 66-27-503. It also says all financial and other records must be reasonably available for examination by any unit owner, the holder of any mortgage or deed of trust on a unit, and their authorized agents.
For insurance planning, a few records are worth asking to see:
- The association's current budget and reserve figures.
- Any pending claims or lawsuits involving the association.
- The master insurance policy declarations and what the association insures: Tennessee’s condo law sets an 80% master-policy floor, and your HO-6 still has to fill the gaps.
- Recent special assessments and the reasons for them.
An agent you authorize can examine records too. That can make it easier to line up your HO-6 with what the master policy does and does not include: Tennessee condo law says your HO-6 has to cover the upgrades the master policy can skip.
Related Tennessee condo rules
Who repairs what is a separate question: Tennessee condo law makes the association repair the common elements and each owner repair their own unit unless the declaration says otherwise. How master policy claim money is used: After a Tennessee condo loss, the master policy claim is adjusted with the association, and the money must go to repairs first. Buying a unit? See Before buying a Tennessee condo, you can get the association's insurance types, limits, and deductibles in writing within 10 business days. If your condo was created before 2009, older law may apply: If your Tennessee condo was created before 2009, an older state law may govern how the building is insured.
This article is informational only. It summarizes Tennessee Code §§ 66-27-411 and 66-27-417 and is not legal advice. Your declaration, bylaws, and policies control, and this article does not promise coverage or eligibility.
Related reading from All Seasons
- Tennessee’s condo law sets an 80% master-policy floor, and your HO-6 still has to fill the gaps.
- Tennessee condo law makes the association repair the common elements and each owner repair their own unit unless the declaration says otherwise.
- Tennessee condo law lets your association bill you for uninsured damage and put a lien on your unit if you do not pay.
- After a Tennessee condo loss, the master policy claim is adjusted with the association, and the money must go to repairs first.
- Before buying a Tennessee condo, you can get the association's insurance types, limits, and deductibles in writing within 10 business days.
- Tennessee condo law says your HO-6 has to cover the upgrades the master policy can skip.
- If your Tennessee condo was created before 2009, an older state law may govern how the building is insured.
Free policy review
All Seasons Insurance Group offers a free personal policy review. Call 865-263-1400 or visit asigtn.com/get-a-quote/. This article is informational only and does not promise coverage or eligibility; your policy forms control. Seasons change. So should your coverage.
Can I be sued personally for something my Tennessee condo association did?
Tennessee Code 66-27-411 says any action alleging a wrong done by the association must be brought against the association and not against any unit owner.
Can a unit owner sue the condo association?
Yes. The statute says a unit owner is not precluded from bringing that kind of action because the person is a unit owner or a member or officer of the association.
If the association is sued, do owners ever end up paying?
The statute sets who is sued, not who ultimately pays. Association costs are funded by owners, and costs beyond insurance or reserves can lead to assessments.
What records does a Tennessee condo association have to keep?
Tennessee Code 66-27-417 says the association must keep financial records detailed enough to comply with sections 66-27-502 and 66-27-503.
Who can look at the condo association's records?
All financial and other records must be reasonably available for examination by any unit owner, any mortgage or deed of trust holder on a unit, and their authorized agents.
Can my insurance agent review the association's records?
The statute lets unit owners' authorized agents examine the records, so an agent you authorize can help compare the master policy with your HO-6.
Does this cover an injury inside my own unit?
Section 66-27-411 is about claims alleging a wrong done by the association. Claims about your own unit or conduct are a separate matter for your own policy.
How can All Seasons help after reading this?
Call 865-263-1400 or visit asigtn.com/get-a-quote/ for a free personal policy review. Informational only; no coverage promises. Seasons change. So should your coverage.
