On September 23, 2026, our HOA board approved a new rule banning security cameras, with an exception for doorbell cameras. Homeowners were given until October 23, 2026, to remove their cameras or face possible fines.
This camera ban rule was made shortly after the Nolensville Police Department asked residents to check their security camera footage to help locate suspects involved in a stolen vehicle and aggravated assault case who had fled into nearby neighborhoods.
This camera ban has received a lot of local news coverage. Many news outlets have covered the story, which you can easily find by looking it up online. Just look up “HOA banning security cameras in Nolensville, Tennessee” on google.
I recently obtained the September 23 board meeting minutes. According to those minutes, the draft camera policy was presented by a representative of the HOA’s management company.
However, the minutes state that the HOA board approved the policy. I want to make that distinction because the management company presented it, but the board adopted it. The representative also does not live in our neighborhood, so I am not sure why someone who does not even live in our community would present such a rule.
You might ask why homeowners voted in favor of this rule. Most didn’t. It was mostly adopted by the board members because historically, very few homeowners have ever participated in HOA meetings because things were generally running smoothly. Then, all of a sudden one month after the annual meeting, the board adopted this camera ban rule.
Now we’re looking into replacing the board members, all of them, since I believe they all voted in favor of this rule, but there are a few problems with the bylaws.
Here’s what our bylaws say:
- Section 4.02: The annual homeowners’ meeting is normally held on the second Thursday of the third month following the end of the fiscal year. Section 8.03 establishes a calendar fiscal year unless changed by resolution. That would ordinarily mean March. However, according to the September 23 board meeting minutes, our most recent annual meeting was held on July 29, 2026, not March.
- Section 4.03: A special homeowners’ meeting can be requested by members representing at least 10% of the total voting power. Which is in our case, 5 homeowners because there are only 45 townhomes.
- Section 4.04: Notice of a special meeting must generally be given 15–60 days in advance.
- Section 4.05: A quorum requires more than 10% of the voting power.
- Section 5.02: After developer control ends (which ended a long time ago), the HOA has five directors, with two-year terms following the initial staggered terms.
- Section 5.03: Directors may be removed with or without cause at a properly noticed special meeting by a majority of members present in person or by proxy and entitled to vote.
- Section 5.03 also says: When a vacancy occurs, including through removal, the remaining board members may appoint a successor until the next annual meeting, when homeowners elect someone to serve the remaining term.
This creates a major issue.
If homeowners vote to remove three of the five directors, the remaining two may be able to appoint three replacements themselves who are still in favor of banning cameras. That would leave us in exactly the same situation.
If we remove all five directors, there would be nobody left on the board to appoint replacements. Our bylaws don’t clearly explain how homeowners would elect a new board in that situation.
From what I understand, Tennessee law also requires nonprofit corporations to have at least three directors. If that’s correct, what happens if homeowners vote to remove all five directors at a special meeting? Can we elect five replacements during that same meeting, or would we need to follow a different legal process?
Ideally, we would like to hold a special meeting, vote to remove all 5 directors, and immediately vote on their replacements at that same meeting.
My questions are:
- Under Tennessee law, can homeowners remove directors and elect their replacements during the same special meeting, even though our bylaws say the remaining directors may appoint successors?
- If we remove all five directors, who has the authority to fill the vacancies?
- Does Tennessee law allow members to elect a replacement board at the same meeting if all five directors are removed?
- If the bylaws establish March as the default date for the annual meeting, but the HOA held its annual meeting on July 29 instead, would that make the July 29 meeting invalid?
- What legal options do we have to challenge or overturn this camera ban without having to wait until the next board election?
I’m not looking to dissolve or abolish the HOA. I’m simply trying to get a legal perspective on what we can do in this situation and whether the board or management company did anything that could make the new camera rule invalid or unenforceable.
I have copies of the bylaws and the September 23 board meeting minutes.
I also want to mention that the HOA management company has been firmly standing behind the board and its decision, which makes the situation even more difficult for homeowners trying to challenge the rule.
Any legal advice or guidance on our options under Tennessee law would be greatly appreciated.
Location: Nolensville, Tennessee