If you own a condo in Tennessee, two policies usually sit side by side: the association's master policy and your own unit-owner (HO-6) policy. Most owners never see the master policy. The Tennessee Condominium Act, Tennessee Code § 66-27-413(d), sets four terms that master policy must include, and each one protects individual owners.
| Master policy term | What § 66-27-413 requires |
|---|---|
| Owners as insureds | Each unit owner is an insured person for liability arising from the owner's interest in the common elements or membership in the association |
| Subrogation | The insurer waives subrogation against any unit owner, lessee, or household member, unless an act with intent to cause the loss caused it |
| One owner's conduct | No act or omission by a unit owner, unless acting as a board member, voids the policy or is a condition to recovery |
| Overlapping coverage | If an owner has other insurance on the same risk, the association's policy is primary |
| Your own policy | The association's policy does not prevent an owner from buying insurance for the owner's own benefit |
| Proof of insurance | The insurer issues certificates or memoranda of insurance to any unit owner on written request |
Source: Tennessee Code § 66-27-413.
Why the subrogation waiver matters
Subrogation is an insurer's right to go after the person who caused a loss after it pays a claim. Under § 66-27-413(d)(2), the master policy insurer waives that right against any unit owner, lessee, or member of the owner's or lessee's household. The exception is when it can be shown that an act with intent to cause the loss was the cause. In plain terms, an accidental kitchen fire that damages common areas should not turn into the association's insurer suing the owner, though the declaration, the deductible, and your HO-6 policy can still matter.
One owner cannot void the building's coverage
Section 66-27-413(d)(3) says no act or omission by a unit owner, unless the owner is acting as a governing board member of the association, will void the policy or be a condition to recovery. A neighbor's mistake should not leave the whole building without coverage.
Which policy pays first
When a loss is covered by the master policy and a unit owner also has insurance on the same risk, § 66-27-413(d)(4) says the association's policy provides primary insurance. That does not make your HO-6 policy unnecessary. The master policy may not include improvements and betterments you installed, and you remain responsible for gaps such as deductibles and assessments: Review HO-6 coverage for improvements and betterments that a master policy may exclude. and Tennessee condo law lets your association bill you for uninsured damage and put a lien on your unit if you do not pay.
Ask for the certificate
Under § 66-27-413(g), the insurer that issued the master policy must issue certificates or memoranda of insurance to the association and, on written request, to any unit owner or mortgagee. Ask in writing, keep the certificate with your HO-6 declarations page, and compare the two.
More on Tennessee condo insurance
- Tennessee’s condo law sets an 80% master-policy floor, and your HO-6 still has to fill the gaps.
- After a Tennessee condo loss, the master policy claim is adjusted with the association, and the money must go to repairs first.
- Tennessee condo law makes the association repair the common elements and each owner repair their own unit unless the declaration says otherwise.
- Before buying a Tennessee condo, you can get the association's insurance types, limits, and deductibles in writing within 10 business days.
- 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 § 66-27-413 and does not promise coverage or eligibility. Your condominium declaration, the master policy, and your own policy forms control.
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.
- Review HO-6 coverage for improvements and betterments that a master policy may exclude.
- After a Tennessee condo loss, the master policy claim is adjusted with the association, and the money must go to repairs first.
- Tennessee condo law makes the association repair the common elements and each owner repair their own unit unless the declaration says otherwise.
- 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 lets your association bill you for uninsured damage and put a lien on your unit if you do not pay.
- 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.
Am I an insured on my Tennessee condo association's master policy?
Tennessee Code 66-27-413(d)(1) says each unit owner is an insured person for liability arising from the owner's interest in the common elements or association membership.
Can the master policy insurer sue me after paying a claim I caused?
The statute says the insurer waives subrogation against unit owners, lessees, and household members, unless an act with intent to cause the loss caused it.
Can one owner's mistake void the association's policy?
No act or omission by a unit owner, unless acting as a governing board member, will void the policy or be a condition to recovery.
If my HO-6 covers the same risk, which policy pays first?
Under 66-27-413(d)(4), the association's policy provides primary insurance when an owner has other insurance covering the same risk.
Can I still buy my own condo insurance?
Yes. The statute says an association policy does not prevent a unit owner from obtaining insurance for the owner's own benefit.
How do I get proof of the association's insurance?
Make a written request. The insurer must issue certificates or memoranda of insurance to any unit owner, mortgagee, or deed of trust beneficiary on written request.
Do I still need an HO-6 policy?
The master policy may not include owner-installed improvements and betterments, and deductibles and assessments can fall on owners, so review both policies.
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.
