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Bill

SB 1763

Real Property - As introduced, prohibits a homeowners' association from prohibiting a first responder from parking an emergency vehicle at the first responder's residence or on a roadway adjacent to the first responder's real property or from penalizing or threatening to penalize a first responder for parking an emergency vehicle at the first responder's residence or on a roadway adjacent to the first responder's real property. - Amends TCA Title 47 and Title 66.

114th Regular Session (2025-2026) Introduced by Mark Pody

HOAs cannot prohibit or penalize first responders from parking an emergency vehicle at their home or nearby on or after July 1, 2026.

Passed on Second Consideration, refer to Senate Commerce and Labor Committee
#realproperty
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WeVote Research Nonpartisan
Bill Summary · SB 1763

Summary of SB 1763 / HB 1462 (Session 114, Tennessee)

Purpose

This bill prohibits homeowners’ associations (HOAs) from restricting or penalizing first responders who park an emergency vehicle at the first responder’s residence or on a roadway adjacent to the first responder’s property. The measure applies to HOAs’ declarations, rules, and regulations adopted or amended on or after July 1, 2026.

Key Provisions

  • Definitions added to Tennessee Code:

    • Emergency vehicle: A passenger motor vehicle, motorcycle, or bicycle designated for official use by a first responder or law enforcement agency.
    • First responder: Firefighter, emergency services personnel (e.g., EMT/paramedic), emergency management personnel, or law enforcement officer.
    • Law enforcement agency: Any federal, state, or local public agency responsible for crime prevention/detection and related enforcement.
    • Law enforcement officer: Includes those employed by federal, state, or local governments in police work, including certain Tennessee agencies and park rangers.

  • Prohibition on HOA rules:

    • An HOA may not prohibit or effectively prohibit a first responder from parking an emergency vehicle at the first responder’s residence or on a roadway adjacent to the first responder’s real property, including through new or amended declarations or rules/regulations.
    • An HOA may not penalize or threaten to penalize a first responder for parking an emergency vehicle at the first responder’s residence or on a roadway adjacent to the first responder’s real property.

  • Effective date:

    • The act takes effect July 1, 2026.
    • Applies to declarations and rules/regulations adopted or amended on or after that date.

Who Is Affected

  • Primary: Homeowners’ associations and their governing documents (declarations, bylaws, rules, and regulations) in Tennessee.
  • Secondary: First responders with official emergency vehicles who reside in properties governed by HOAs.
  • Broadly affects private HOA governance; state and local government impacts are expected to be not significant.

Procedural and Timeline Aspects

  • Status: As of the latest action, the bill progressed through initial readings and referred stages, with a second consideration pass noted.
  • Effective date ensures transition: Only HOA provisions adopted or amended on or after July 1, 2026 are bound by the new constraints.

Fiscal and Economic Impact

  • Fiscal note indicates: Not significant.
  • Expected impact largely limited to private contractual relationships between HOAs and residents who are first responders.
  • No broad anticipated effects on commerce or job creation.

If you’d like, I can provide a plain-language comparison of the bill’s current language with typical HOA authority provisions to highlight how this changes existing practice in more detail.

Compiled from official sources — confirm details with the bill’s official record.

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