HOAs and Restrictive Covenants in East Tennessee

Buying real estate in East Tennessee often involves navigating property restrictions, whether purchasing a home in a planned subdivision in Maryville or acquiring a lot near the lakes in the surrounding Lakeway region. While some properties offer complete freedom from governing bodies, many residential developments maintain specific guidelines designed to standardise property maintenance and community aesthetics.

Understanding how Homeowners Associations (HOAs) and restrictive covenants operate in Tennessee is a critical step in the due diligence process. Reviewing these regulations prior to closing ensures that planned property uses—such as building a shop, parking a recreational vehicle, or installing a fence—align with the legally binding rules of the subdivision.

Restrictive Covenants vs. HOA Bylaws: What Is the Difference?

It is common to hear the terms "HOA rules" and "restrictive covenants" used interchangeably, but they serve distinct legal functions under Tennessee property law.

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

Restrictive covenants are deed restrictions attached directly to the land. When a developer creates a subdivision, they record a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) with the county register of deeds (such as Blount, Jefferson, Sevier, or Hamblen County).

Because CC&Rs are tied to the property title itself, they run with the land. This means they apply to every subsequent buyer, regardless of whether an active HOA board exists to enforce them. Covenants typically cover structural guidelines, land use limitations, minimum square footage, setback lines, and architectural standards.

HOA Bylaws and Rules

If a subdivision has an active Homeowners Association, the HOA operates as a governing entity—often incorporated as a non-profit organization under Tennessee state law. The HOA Bylaws dictate how the association runs, including:

• Board member elections and voting rights
• Meeting frequency and parliamentary procedures
• Collection of annual or monthly dues
• Procedures for imposing fines or placing liens for unpaid dues

While the CC&Rs establish the overarching rules for the real estate, the Bylaws define the administrative mechanics of the governing board.

Common Restrictive Covenants in Maryville and the Lakeway Region

Specific restrictions vary significantly from one neighborhood to another across East Tennessee. However, several standard provisions frequently appear in regional subdivision documents:

• Outbuildings and Auxiliary Structures: Many covenants restrict the construction of detached garages, storage sheds, or workshops. Guidelines may dictate the maximum height, footprint, and matching exterior materials (such as requiring brick or stone accents consistent with the primary residence).
• RV, Boat, and Trailer Storage: In the Lakeway area near Douglas Lake, Cherokee Lake, and Fort Loudoun Lake, watercraft and RV ownership is common. However, many subdivisions explicitly prohibit parking boats, utility trailers, or motorhomes in driveways or yards for extended periods, requiring them to be kept in an enclosed garage or stored off-site.
• Fencing Regulations: Covenants often regulate fence height, placement, and acceptable materials. Chain-link fencing is frequently prohibited, while privacy wood or black aluminum fencing may require prior approval from an Architectural Review Committee (ARC).
• Animals and Livestock: Even on acreage parcels outside city limits, recorded covenants may restrict livestock, poultry, or swine. Standard residential subdivisions generally limit property usage to traditional domestic household pets.
• Architectural Review Controls: Before altering an exterior paint color, replacing a roof with a different material, or adding a deck, owners may need to submit plans to an ARC to maintain visual consistency throughout the neighborhood.

Mandatory vs. Voluntary HOAs

When evaluating East Tennessee subdivisions, it is important to distinguish between mandatory and voluntary associations.

Mandatory HOAs

In a mandatory HOA, membership is required as a condition of property ownership. Homeowners are obligated to pay regular assessments, which fund common area maintenance, streetlights, stormwater retention ponds, and shared amenities such as clubhouses or docks. Failure to pay mandatory dues can result in late fees, suspension of amenity access, and eventual property liens.

Voluntary HOAs and Unincorporated Subdivisions

Some older subdivisions in the region have recorded restrictive covenants but no active, mandatory HOA board. In these neighborhoods, a voluntary association may exist to collect optional contributions for basic entrance maintenance.

It is worth noting that the absence of an active HOA board does not invalidate recorded covenants. In Tennessee, individual property owners within a subdivision generally retain the legal right to enforce deed restrictions against neighboring properties through civil court actions, even if no formal board is active.

Key Documents to Review During Due Diligence

During your contract purchase period, obtaining and reviewing all governing documents is vital. A standard real estate transaction should include a review of the following:

• Recorded Master Declaration (CC&Rs): Confirms all property restrictions, land-use rules, and architectural guidelines.
• Bylaws and Articles of Incorporation: Outlines the administrative rules of the HOA.
• Current Financial Statements and Budget: Evaluates the financial health of the association and checks the status of reserve funds reserved for major long-term repairs.
• Meeting Minutes: Reviewing recent board meeting minutes can highlight upcoming capital projects, pending lawsuits, or proposed rule changes.
• Statement of Dues and Special Assessments: Confirms the exact dues amount, payment frequency, and whether any special assessments are currently levied or planned.

Making Informed Real Estate Decisions

Reviewing subdivision covenants ensures your planned use of a home or lot aligns with recorded regulations. Because deed restrictions and HOA documents are legally binding instruments, buyers should consider consulting a licensed Tennessee real estate attorney for legal interpretations of specific provisions.

For professional guidance in navigating subdivision guidelines, property searches, and due diligence in Maryville and the broader Lakeway region, contact Spring Mountain Realty PLLC. Our team is ready to assist you in evaluating properties to find the right fit for your goals.