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My HOA has an "Approved" list of vendors for fence installation. My question is, is this legal? I want to use a contractor that aligns more with my budget that is licensed and insured, but not on their list. It doesn't seem legal that I can't choose who does the work to my home.

The CCR's state:

Section 1. Construction Review and Approval Except for the developer, from and after the completion of construction and first sale by the developer of each and every improved lot situated within [neighborhood name], no house, garage, deck, stationary playhouse, pool, outbuildings, fence, wall, or other above-ground structure shall be commenced, erected or maintained upon any such lot, nor shall any exterior addition to, change in or alteration of any of said structures be made until complete final plans and specifications showing the nature, kind, shape, height, materials, basic exterior finishes and colors, location and floor plan threrof, and showing front, side and rear elevations thereof and the names of the builder, general contractor and all sub contractors have been submitted to and approved by the developer prior to sale of all the lots in [neighborhood name] or, after such time, by the associateion's board of directors or by an architectural control committee composed of 3 or more persons appointed by said board as to harmony of exterior design and general quality with the existing standards of the existing standard of the neighborhood and as to location in relation to surrounding structures and topography.

According to them this gives them the right to specify specific vendors allowed for use. There is not any talk about the process to get a company approved. Just their fence guidelines checklist stating it has to an approved company and lists 5 companies.

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    I read that as a mandate that subcontractors and contractors need to be approved with the reasoning to uphold some standard. They might provide a pre-approved list, but it seems to say that you can ask for a contractor to be approved.
    – Trish
    Commented Mar 4, 2022 at 6:53
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    Please scan or re-type text rather than importing an image of the text. The image is not searchable, it is not accessable to those using text-to-speech or google translate, and it does not conform to the user's specifications for font size or margins or the like.
    – David Siegel
    Commented Mar 4, 2022 at 15:09
  • @Trish thanks. Yeah, I tried that and they told me that my contractor is denied because he's not on the list and stated they don't have to provide a reason when I requested a reason.
    – Johonea4
    Commented Mar 5, 2022 at 2:19
  • @DavidSiegel I will do that. On my phone right now, so I'll type it out later tonight.
    – Johonea4
    Commented Mar 5, 2022 at 2:20

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Generally speaking yes, an HOA can do this, unless there is some Tennessee specific statute that provides otherwise of which I am not aware.

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    Thanks for the answer. I was hoping I might have some more power there. they have a list of like 5 companies who of late provide poor quality but high price, and the HOA doesn't appear to be willing to accept any additions to the list. It just seems questionable. Anyways, thanks for the answer.
    – Johonea4
    Commented Mar 5, 2022 at 2:23

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