Tennessee House Bill HB1116

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 2/2/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 8 and Title 66, relative to the transfer of real property.

Impact

The bill aims to ensure that large residential communities with at least 5,000 lots or units can effectively manage and maintain their infrastructure through collected fees from property transfers. This change represents a shift in how community governance is structured, placing greater financial responsibility on property transactions to support communal infrastructure needs. The funds accrued through these fees are intended to directly benefit the community, thus potentially enhancing property values and quality of life for residents.

Summary

House Bill 1116 seeks to amend Tennessee Code Annotated, specifically related to the transfer of real property and the duties of nonprofit property owners' associations. Under this bill, when real property is transferred within communities governed by certain nonprofit associations, the transferee will be required to pay a fee of $2,500. This fee will be deposited into a reserve fund maintained by the nonprofit association, which can then utilize these funds for the maintenance and improvement of roads, utility infrastructure, and common facilities within the community.

Contention

Despite its intended aims, the bill may face criticism regarding the financial burden imposed on property buyers, especially in an already challenging housing market. Critics may argue that requiring a substantial fee for property transfers could hinder the sale of homes and restrict access to housing in these communities. Additionally, the stipulation of the nonprofit association being responsible for the fee collection and its management raises questions about accountability and the equitable use of funds within rapidly growing communities.

Implementation

If enacted, the bill will take effect on January 1, 2024, applying to any subsequent transfers of real property occurring after that date. The requirement for majority board approval within the nonprofit associations each year to impose this fee strengthens the role of community governance but also necessitates ongoing dialogue among board members and residents concerning infrastructure needs and financial contributions.