When water comes through a ceiling or a fire damages a hallway, the first question in a condominium is often whose property it is. Tennessee answers that by default in Tennessee Code § 66-27-302, the condominium statute's section on unit boundaries. Every rule in it begins with the same words: except as provided by the declaration. Your condo's declaration can draw the lines differently, so read it alongside this summary.
| Part of the building | Default under § 66-27-302 |
|---|---|
| Wallboard, plaster, paneling, tiles, wallpaper, paint, finished flooring | Part of the unit |
| Other portions of boundary walls, floors, and ceilings | Common elements |
| Chute, flue, duct, wire, conduit, or bearing wall serving only one unit | Limited common element allocated to that unit |
| The same fixture serving more than one unit or the common elements | Common elements |
| Interior partitions, spaces, fixtures, and improvements inside the unit | Part of the unit |
| Shutters, porches, balconies, patios, exterior doors and windows serving one unit | Limited common elements allocated to that unit |
Source: Tennessee Code § 66-27-302. Your declaration controls where it says otherwise.
The finished surfaces belong to the unit
If walls, floors, or ceilings are designated as the boundaries of a unit, the statute puts lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials making up the finished surfaces inside the unit. All other portions of those walls, floors, and ceilings are common elements.
In plain terms, the default line runs at the back of your drywall and the top of your subfloor. That matters for an HO-6 policy, because the unit owner is often the one looking at the finished surfaces after a loss. Improvements you added can matter too: Tennessee condo law says your HO-6 has to cover the upgrades the master policy can skip.
Pipes, ducts, and wires that cross the line
If a chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture lies partly inside and partly outside a unit, the portion serving only that unit is a limited common element allocated solely to that unit. The portion serving more than one unit, or serving the common elements, is part of the common elements.
Spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are part of the unit.
Balconies, patios, doors, and windows
Shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows designed to serve a single unit but located outside its boundaries are limited common elements allocated exclusively to that unit. Limited common elements are still common elements, so the declaration and bylaws usually say who maintains and repairs them: Tennessee condo law makes the association repair the common elements and each owner repair their own unit unless the declaration says otherwise.
Questions to bring to your declaration and your agent
- Does my declaration change any of the default boundaries in § 66-27-302?
- Does the association's master policy cover the building as originally built, or more?
- Who is responsible for my balcony, patio, windows, and exterior door?
- Does my HO-6 dwelling limit fit the finished surfaces and improvements inside my unit?
- How would loss assessments from the association be handled? After a Tennessee condo loss, the master policy claim is adjusted with the association, and the money must go to repairs first.
This article is informational only. It summarizes Tennessee Code § 66-27-302 and does not promise coverage or eligibility. Your declaration, bylaws, the association's policy, and your own policy control.
Related reading from All Seasons
- 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 says your HO-6 has to cover the upgrades the master policy can skip.
- 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.
- Before buying a Tennessee condo, you can get the association's insurance types, limits, and deductibles in writing within 10 business days.
- Tennessee condo owners can carry their own flood policy, but federal rules cap a unit's combined flood payout at $250,000.
- Tennessee condo law lets your association bill you for uninsured damage and put a lien on your unit if you do not pay.
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.
Are my drywall and paint part of my Tennessee condo unit?
By default, if walls are unit boundaries, wallboard, plaster, wallpaper, paint, and other finished surface materials are part of the unit, unless the declaration says otherwise.
Is my finished flooring part of the unit?
Under Tennessee Code 66-27-302, finished flooring is listed among the finished surfaces that are part of the unit, except as the declaration provides.
What about the rest of the walls and floors?
All other portions of boundary walls, floors, and ceilings are part of the common elements by default.
Who owns a duct or pipe that serves only my unit?
For a fixture lying partly within and partly outside the unit boundaries, the portion serving only that unit is a limited common element allocated to it, unless the declaration provides otherwise.
Is my balcony part of my unit?
Balconies, patios, porches, and exterior doors and windows serving a single unit but outside its boundaries are limited common elements allocated to that unit.
Are interior walls part of my unit?
Spaces, interior partitions, and other fixtures and improvements within the unit's boundaries are part of the unit.
Can my condo declaration set different boundaries?
Yes. Each default in 66-27-302 applies except as provided by the declaration, so the declaration should be checked first.
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.
