Amends TCA Title 66, Chapter 27.

Present law prohibits homeowners' associations (HOAs) from adopting or enforcing a dedicatory instrument provision that prohibits a property owner from displaying the U.S. flag or an official or replica flag of any branch of the U.S. armed forces on the property owner's property. Present law does not prohibit an HOA from adopting or enforcing reasonable rules regarding the placement and manner for the display of flags. This bill specifies that such present law provisions apply to dedicatory instruments created on or after July 1, 2017, which was the date that the Public Act that enacted such provisions took effect. This bill adds a similar prohibition against HOAs adopting or enforcing a dedicatory instrument provision that prohibits a property owner from posting signage that warns or informs persons of security, safety, or health precautions taken by the property owner or of potentially dangerous conditions existing on the property, whether concealed or open and obvious. As with flags, HOAs would retain the authority to adopt and enforce reasonable rules regarding the placement and manner for the display of warning and informational signage. This bill specifies that its provisions concerning signage do not alter, reduce, or eliminate any civil or criminal liability that a property owner may have for injuries arising on the owner's property. ON MARCH 8, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 128, AS AMENDED. AMENDMENT #1 revises this bill's prohibition against HOAs adopting or enforcing a dedicatory instrument provision that prohibits a property owner from posting signage that warns or informs persons of security, safety, or health precautions taken by the property owner or of potentially dangerous conditions existing on the property, whether concealed or open and obvious to instead prohibit a homeowners' association from prohibiting, by covenant, condition, restriction, or rule, the use of any sign posted to warn the public of health, safety, or dangerous natural conditions associated with water on the property when: (1) The property owner has consulted with local or state authorities regarding a condition on the property that may pose a threat to health and safety to a person on the property and a liability, or potential liability, to the property owner; and (2) The property contains a pond, including a retention or detention pond, or a lake, stream, river, or other natural body of water. This amendment retains this bill's authorization for the HOA adopting or enforcing reasonable rules and regulations regarding the placement and manner for the display of the signs and this bill's applicability provision, which is that this bill will apply to dedicatory instruments entered into before, on, or after July 1, 2021.