Article Overview: Tennessee’s New HOA Law enacted from SB2326 – PC 731 – will require a fidelity bond for HOAs. This article covers the information that those HOAs need to know to be prepared.
Tennessee homeowners associations and unit owners’ associations have a new compliance requirement on the horizon. SB2326, now enacted as Public Chapter 731, amends Tennessee Code Title 66 and creates a statewide fidelity bond requirement for certain community associations.
The law takes effect on January 1, 2027, giving boards, property managers, and their insurance advisors time to prepare. But that time should be used wisely. Associations that collect assessments for common expenses will need to review their finances, evaluate current insurance coverage, and make sure the right fidelity bond protection is in place before the effective date.
For HOAs, condominium associations, community association managers, and insurance professionals, this change is more than a legal update. It is a governance and risk management opportunity.
What Public Chapter 731 Requires
Under Tennessee’s enacted SB2326 (known as Public Chapter 731), homeowners associations and unit owners’ associations that collect assessments for common expenses must obtain and maintain a blanket fidelity bond.
This bond is designed to protect the association from losses caused by theft or dishonest acts committed by individuals who have access to association funds or financial processes.
The required bond must cover losses resulting from theft or dishonesty by:
- Officers of the association
- Directors of the association
- Employees of the association
- Managing agents
- Employees of the managing agent
In practical terms, the law recognizes that association funds may pass through several hands. Board members, staff, management companies, and management company employees may all have some level of access or control. A blanket fidelity bond helps protect the association if those funds are misused or stolen.
How Much Fidelity Bond Coverage Is Required?
The law sets a coverage formula that associations will need to calculate and monitor.
In general, the fidelity bond or insurance policy must provide coverage in an amount equal to:
The association’s reserve balances, plus one quarter of the association’s aggregate annual assessment income.
The law also establishes a minimum coverage amount of $10,000.
That means associations should not assume a small bond will be enough. Coverage needs to reflect the association’s actual financial exposure, including reserve funds and assessment income.
Why This Law Matters for Tennessee HOAs
Fidelity bonds are not just another insurance product. They are a key protection for community associations because HOAs often manage large sums of member money.
Assessment income, reserve accounts, special assessments, and operating funds are all collected for the benefit of the community. When those funds are mishandled, the impact can be severe. Associations may face delayed repairs, budget shortfalls, higher assessments, legal costs, and loss of owner trust.
Public Chapter 731 creates a clearer standard for financial protection across Tennessee community associations. It also places greater responsibility on boards and managers to understand their association’s risk profile and maintain adequate coverage.
Steps Tennessee Associations Should Take Now
To prepare for the January 1, 2027 effective date, associations should consider the following action plan:
- Confirm whether the association collects assessments for common expenses.
If it does, the new requirement likely applies. - Gather current financial information.
Review reserve balances and aggregate annual assessment income. - Review existing insurance policies.
Look closely at fidelity bond, crime, employee dishonesty, and association coverage. - Check who is covered.
Make sure officers, directors, employees, managing agents, and managing agent employees are addressed. - Calculate the required coverage amount.
Use the statutory formula as a baseline: reserve balances plus one quarter of aggregate annual assessment income, subject to the $10,000 minimum. - Discuss options with a your insurance agent.
Compare policy terms, limits, and exclusions. - Plan for any premium impact.
Build expected costs into upcoming budgets. - Update governance practices.
Strengthen financial controls and board oversight.
A Compliance Requirement and a Risk Management Opportunity
Tennessee’s new HOA fidelity bond law gives associations a clear deadline and a clear responsibility. By January 1, 2027, covered homeowners associations and unit owners’ associations must have a blanket fidelity bond in place that meets the requirements of Public Chapter 731.
But compliance should not be the only goal.
This law encourages boards and managers to take a closer look at how association funds are protected, who has access to those funds, and whether current insurance programs match the association’s real exposure.
For well-prepared associations, the result can be more than legal compliance. It can mean stronger financial safeguards, better governance, and greater confidence for homeowners who trust their association to manage community funds responsibly.
Contact Brandon Patterson on our team at brandon@ownbyinsurance.com to discuss the steps your HOA needs to take for compliance and risk management.