Condo owners in Tennessee share walls, roofs, pipes, and parking lots. When something breaks, the first fight is often over who is responsible. The Tennessee Condominium Act of 2008 sets a default rule in Tennessee Code § 66-27-407, and that rule shapes how much an HO-6 unit owner's policy has to carry.
| Topic | What the statute says |
|---|---|
| Common elements | Association maintains, repairs, and replaces them (§ 66-27-407) |
| Your unit | You maintain, repair, and replace it (§ 66-27-407) |
| Who can change the split | The declaration (and certain statutory exceptions) |
| Access | Owners must allow access through the unit reasonably necessary for upkeep |
| Damage you cause | Responsible owner (or the association) pays prompt repair, to the extent not covered by insurance the declaration requires |
| Suing over an association wrong | Must be brought against the association, not individual owners (§ 66-27-411) |
| Records | Financial and other records reasonably available to owners, mortgage holders, and their agents (§ 66-27-417) |
Sources: Tennessee Code §§ 66-27-407, 66-27-411, and 66-27-417.
The default split: common elements versus your unit
Unless the declaration, subsection (b), or § 66-27-413(h) provides otherwise, the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of their own unit. The phrase "except to the extent provided by the declaration" is the important part: your condo's declaration can move that line, and many do. Where the unit ends and the common elements begin is defined in your documents, not in a general rule.
Associations built under the older Horizontal Property Act may follow different documents: If your Tennessee condo was created before 2009, an older state law may govern how the building is insured.
You have to open the door
Each unit owner must give the association and the other owners, and their agents or employees, access through the unit that is reasonably necessary for upkeep. A plumber chasing a leak from the unit above may need to come through your ceiling.
Who pays when someone causes damage
If damage is inflicted on the common elements, or on a unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the cost of prompt repair. That liability applies to the extent the cost is not covered by the property insurance the declaration requires. In practice, the master policy may pay first, and the responsible party can owe what it does not cover, such as the deductible. Ask your agent how your HO-6 policy treats the master policy deductible and loss assessments: Tennessee condo law lets your association bill you for uninsured damage and put a lien on your unit if you do not pay.
Claims against the association
Under § 66-27-411, any action alleging a wrong done by the association must be brought against the association and not against any unit owner. The statute also says a unit owner is not barred from bringing such an action just because they are an owner, member, or officer.
Ask for the records
Section 66-27-417 says all financial and other association records must be reasonably available for examination by any unit owner, a holder of a mortgage on a unit, and their authorized agents. For insurance, that means you can ask to see the documents that show what the association maintains and insures, then match your HO-6 limits to the gap.
An HO-6 review checklist
- Read the declaration's maintenance section and its definition of the unit's boundaries.
- Request the master policy summary and deductible from the association.
- Compare the master policy to the 80% rule in the Act: Tennessee’s condo law sets an 80% master-policy floor, and your HO-6 still has to fill the gaps.
- List upgrades you made inside the unit; the master policy may not cover them: Tennessee condo law says your HO-6 has to cover the upgrades the master policy can skip.
- Know how the association must use claim money: After a Tennessee condo loss, the master policy claim is adjusted with the association, and the money must go to repairs first.
- If you are buying or selling, the resale certificate includes insurance information: Before buying a Tennessee condo, you can get the association's insurance types, limits, and deductibles in writing within 10 business days.
- Flood is separate; see Tennessee condo owners can carry their own flood policy, but federal rules cap a unit's combined flood payout at $250,000.
This article is informational only. It summarizes Tennessee statutes and is not legal advice. It does not promise coverage, eligibility, or any claim result; your declaration, bylaws, master policy, and HO-6 policy 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.
- Tennessee condo law says your HO-6 has to cover the upgrades the master policy can skip.
- 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.
- If your Tennessee condo was created before 2009, an older state law may govern how the building is insured.
- Tennessee condo owners can carry their own flood policy, but federal rules cap a unit's combined flood payout at $250,000.
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.
Who repairs the common elements in a Tennessee condo?
Under Tennessee Code § 66-27-407, the association is responsible for maintenance, repair, and replacement of the common elements unless the declaration or a statutory exception says otherwise.
Who repairs my condo unit?
By default each unit owner is responsible for maintenance, repair, and replacement of their own unit, unless the declaration provides otherwise.
Do I have to let the association into my unit?
Yes. Owners must give the association and other owners access through the unit that is reasonably necessary for maintenance, repair, and replacement.
Who pays if my leak damages a neighbor's unit or the common elements?
The responsible owner, or the association if it is responsible, is liable for the cost of prompt repair to the extent it is not covered by the property insurance the declaration requires.
Can I be sued for something the condo association did?
Section 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 I see the association's records?
Section 66-27-417 says financial and other records must be reasonably available for examination by any unit owner, mortgage holders, and their authorized agents.
How does this affect my HO-6 policy?
The upkeep split in your declaration shows what the association handles and what falls on you, which helps size your HO-6 building and loss assessment limits.
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.
