A downtown condo goes under contract in a matter of days. The seller breathes easy. Then the buyer's loan officer calls with a request the seller may not have anticipated: send over the association's reserve study. If the building doesn't have one, or has one showing the roof reserve is running thin, the closing timeline stretches, the buyer's underwriter starts asking follow-up questions, and the building's financial picture may become part of the buyer's review.
This is a consideration for condo and loft sales across downtown Chattanooga, following a state law that changed what "ready to sell" means for condo owners here.
What Changed On January 1, 2025
In April 2023, Governor Bill Lee signed Senate Bill 863 and House Bill 750 into law, adding a reserve-study mandate to the Tennessee Condominium Act of 2008. The rule is straightforward: any condo association overseeing common elements with an aggregate replacement cost above $10,000, which in practice covers nearly every building with a shared roof, elevator, or lobby, has to commission a professional reserve study and keep it current on a five-year cycle. Boards that hadn't completed one since January 1, 2020 were required to have a full study done by January 1, 2025.
The law arrived in the wake of the 2021 Champlain Towers South collapse in Surfside, Florida, part of a national wave of states tightening reserve-funding oversight after that tragedy exposed how easily a board can under-save for major repairs. Tennessee's version doesn't set a mandatory funding level. It just requires the study to exist, get shared with owners, and get reviewed annually. That sounds modest. In a downtown market full of buildings converted decades ago, it means many owners, buyers, and lenders may be reviewing what their building's infrastructure math says.
Which Buildings This Actually Touches
Downtown Chattanooga's condo stock includes a mix of newer tower-style buildings and older structures repurposed from the city's industrial and rail-era past, and that mix matters here. The same conversion wave that produced downtown's loft inventory also reshaped buildings just across the district line in Southside, and one of those buildings makes the timeline easy to see. Market Street Lofts, in the former Southern Railway Building, was converted from office and warehouse space to apartments in 2001, then transitioned to thirty-four privately owned condominiums in 2007, with twelve more units added when the first floor was converted in 2016. An association formed in 2007 was already well past its first decade by the time the 2020 grandfather date arrived, which means it almost certainly needed a fresh study completed by the January 2025 deadline unless the board had already commissioned one on its own.
Downtown's own newer condo buildings aren't exempt from the same statute either. Park Tower, a landmark building with condo residences and tower-style services, falls under the same requirement regardless of its age, since the law applies to any qualifying association, not just older ones. The practical difference is what the study is likely to find. A building converted decades ago from another use is more likely to receive a detailed look at elevator, roof, and plumbing riser lifespans. A newer tower is more likely to sail through with a clean report, assuming the study has actually been done.
What's Actually In the Packet, and Who Pays
According to HOA Weekly, when a buyer's lender or attorney requests association records, Tennessee law gives the association ten business days to produce them. That packet typically includes the governing documents, current rules, the most recent financial statements and budget, the reserve study itself, the current monthly assessment, any active or pending special assessment, amenity fees, an insurance summary, and disclosure of any pending litigation or judgments against the association.
Preparing that packet, often bundled as a resale certificate, usually costs between $150 and $500, and the fee is customarily paid by the seller since it's requested to complete their sale. It's a small line item on a closing statement, but it's also an opportunity for a seller to review their building's finances on paper.
The Financing Deadline Sellers Should Know
One timing consideration for sellers is the upcoming financing threshold. Fannie Mae's Lender Letter LL-2026-03, issued in March 2026, raises the minimum reserve-funding requirement for a condo project to qualify for conventional financing from 10 percent to 15 percent of budgeted assessment income, effective for loan applications dated on or after January 4, 2027.
The timing is worth noting. A downtown condo listed this fall with a typical financing timeline will likely close well before the new threshold applies. But a slower-moving listing, or a buyer whose financing gets delayed into early 2027, could find their loan application landing squarely in the new rule. If the association's reserve study exists but the board hasn't been funding to its recommendation, the building risks losing its conventional financing eligibility, shrinking the pool of buyers who can even make an offer. The study having been completed is step one. Whether the board is actually funding toward what the study recommends is what starts to matter for financing in 2027, and it's worth asking about now if your closing timeline has any room to slip.
How the Study Relates to Seller Disclosures
A related consideration for sellers is disclosure. Tennessee law requires the association to make the completed reserve study available to all owners, typically by email or website posting. Once that happens, an owner who's selling can no longer plausibly claim ignorance of whatever the study flagged, whether that's an aging roof, a plumbing riser nearing the end of its service life, or an underfunded elevator line item.
Under Tennessee's Residential Property Disclosure Act, sellers are required to disclose known material defects, meaning anything that might reasonably affect a buyer's decision to purchase. A reserve study that names a specific deficiency turns a vague suspicion into documented knowledge. That's the moment staying quiet stops being a gray area and starts being a legal risk.
The news isn't all downside for sellers facing a looming assessment. According to ManageCasa, separate Tennessee legislation bars associations from foreclosing on an owner over an unpaid assessment tied to a nonessential amenity, while also requiring boards to offer payment plans. A flagged issue in the reserve study doesn't automatically mean a significant bill lands on the seller's desk. It does mean the conversation is worth having early, before questions arise during the sale.
What the Slower Timeline Looks Like Right Now
Market figures offer another point of comparison. As of this spring, downtown's condo segment showed 63 units for sale with a median list price of $350,000, sitting on the market an average of 118 days. Townhouses in the same window showed 38 units for sale, a median list price of $399,000, and a considerably faster average of 91 days on market. A separate spring 2026 snapshot of the 37402 zip code put the median list price at $369,000 with a median 116 days on market, with homes generally selling close to asking price.
| Property type | Median list price | Avg. days on market | Units for sale |
|---|---|---|---|
| Condos | $350,000 | 118 | 63 |
| Townhouses | $399,000 | 91 | 38 |
The gap in days on market between condos and townhomes isn't fully explained by price or finishes. Part of it is almost certainly the association document review now baked into every condo closing, a layer of due diligence townhome buyers, who typically deal with simpler or no HOA structures, don't have to sit through in the same way.
Before You List
If you're preparing to sell a condo or loft downtown, ask your board for the reserve study before you put the unit on the market, not after an offer comes in. Find out how quickly your association can turn around a resale packet, since the ten-business-day window is a legal floor, not a guarantee of speed. And if your closing timeline has any chance of stretching into 2027, ask whether the board is funding to the study's recommendation, because that's the number a lender will care about next year even if it doesn't matter today.
None of this means downtown lofts and condos are harder to sell than they used to be. It means the paperwork that can affect your timeline has changed, and asking about it early may help you prepare before closing.
If you're weighing a sale in one of downtown's historic conversions or newer towers, Don Ledford Group can help you get ahead of the association paperwork before it becomes a delay. Start the conversation, get your instant home valuation, and let's talk through what your building's documents actually say.
Quick Answers for Downtown Sellers
Does this reserve-study law apply to my downtown townhome too? Generally, no. The mandate applies to condominium associations under the Tennessee Condominium Act of 2008, not to single-family HOAs or most townhome communities governed by separate covenants. If your townhome is legally structured as part of a condominium regime, check your governing documents to confirm which rules apply.
What if my building's board hasn't done the study yet? That's a compliance gap under state law as of the January 2025 deadline. It's worth raising directly with your board or management company before you list, since buyers' lenders may ask about it and a missing study can slow down financing approval.
Who typically pays for the resale certificate? Convention varies by building, but sellers commonly cover the $150 to $500 preparation fee since the packet is requested to complete their sale. Confirm the arrangement in your specific contract before assuming either party's responsibility.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.