Tennessee House Bill HB2249

Tennessee 2023-2024 Regular Session

• Introduced: 1/29/24
• Refer: 2/28/24
• Refer: 3/13/24
• Refer: 3/26/24
• Chaptered: 4/17/24
• Passed: 4/17/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 13 and Title 66, relative to property.

Impact

One significant impact of this bill is the protection it offers to homeowners from aggressive financial practices by homeowners associations. Under the provisions of HB2249, if a member fails to pay a special assessment for a nonessential amenity, the association cannot initiate foreclosure actions against the member's property. This provision is likely to foster a more considerate approach by associations toward financial assessments, particularly regarding amenities that are not critical to the day-to-day functioning of the community.

Summary

House Bill 2249 aims to amend specific sections of the Tennessee Code Annotated, particularly relating to property and homeowners associations. The bill establishes a clear definition of 'nonessential amenities,' such as pools, tennis courts, and clubhouses, which are not deemed necessary for the regular operation of a community. The legislation ensures that any special assessments levied on property owners for these nonessential amenities must be approved through a two-thirds majority vote within the homeowners association, thereby promoting a more democratic decision-making process among members.

Sentiment

The general sentiment surrounding HB2249 appears to be positive, especially among homeowners and advocates for community rights. Supporters appreciate the bill's focus on regulating the financial power of homeowners associations, seeing it as a means to preserve homeowners' rights and prevent unjust financial burdens. However, there may be some concerns regarding how this could affect the management and funding of leisure amenities within communities, which may lead to varied opinions among association boards.

Contention

Notable points of contention may arise from the definition of what constitutes a nonessential amenity and how strictly these assessments are enforced. While the bill aims to provide clearer guidelines, discussions may ensue about which amenities should fall into this category and whether the two-thirds voting requirement is sufficient to capture the true sentiment of the homeowners. Additionally, association leaders may express concerns that limiting their ability to levy assessments could hinder their capacity to maintain and improve community amenities.