HF 1473

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to real property; regulating sign and flag
display; amending Minnesota Statutes 2004, sections
515.07; 515B.2-103; 515B.3-102; proposing coding for
new law in Minnesota Statutes, chapter 500.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [500.215] LIMITS ON CERTAIN RESIDENTIAL
PROPERTY RIGHTS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin General rule. new text end

new text begin (a) The right of an owner
or tenant of residential property to display a United States
flag and state of Minnesota flag must not be limited by any deed
restriction, subdivision regulation, restrictive covenant, local
ordinance, contract, rental agreement or regulation, or
homeowners association document.
new text end

new text begin (b) "Homeowners association document" includes the
declaration, articles of incorporation, bylaws, and rules and
regulations of:
new text end

new text begin (1) a common interest community, as defined in section
515B.1-103(C)(10), regardless of whether the common interest
community is subject to chapter 515B; and
new text end

new text begin (2) a residential community that is not a common interest
community, as defined in section 515B.1-103(C)(10).
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin (a) This section does not prohibit
limitations narrowly tailored to protect health or safety.
new text end

new text begin (b) This section does not prohibit reasonable limitations
that restrict:
new text end

new text begin (1) the size of the flag to be displayed to a size
customarily used on residential property; or
new text end

new text begin (2) the installation of the flag to a portion of the
residential property to which the person who displays the flag
has exclusive use.
new text end

new text begin (c) This section does not prohibit a requirement that the
flag be displayed in a legal manner under Minnesota or local
law, that the flag be in good condition and not altered or
defaced, or that the flag not be affixed in a permanent manner
to rental property or in a way that causes more than
inconsequential damage to rental property. The tenant is liable
for costs to repair damage.
new text end

new text begin Subd. 3. new text end

new text begin Applicability. new text end

new text begin (a) This section applies to all
limitations described in subdivision 1 and not excepted in
subdivision 2, regardless of whether adopted before, on, or
after the effective date of this section.
new text end

new text begin (b) Provisions that violate this section are void and
unenforceable to the extent of the violation.
new text end

new text begin Subd. 4. new text end

new text begin Recovery of attorney fees. new text end

new text begin If an owner or
tenant of residential property is denied the right provided by
this section, the owner or tenant is entitled to recover, from
the party who denied the right, reasonable attorney fees and
expenses if the owner or tenant prevails in enforcing the right.
new text end

Sec. 2.

Minnesota Statutes 2004, section 515.07, is
amended to read:

515.07 COMPLIANCE WITH COVENANTS, BYLAWS, AND RULES.

Each apartment owner shall comply strictly with the bylaws
and with the administrative rules adopted pursuant thereto, as
either of the same may be lawfully amended from time to time,
and with the covenants, conditions, and restrictions set forth
in the declaration or in the owner's deed to the apartment.
Failure to comply with any of the same shall be ground for an
action to recover sums due, for damages or injunctive relief or
both maintainable by the manager or board of directors on behalf
of the association of apartment owners or, in a proper case, by
an aggrieved apartment owner. new text begin This chapter is subject to
section 500.215. new text end

Sec. 3.

Minnesota Statutes 2004, section 515B.2-103, is
amended to read:

515B.2-103 CONSTRUCTION AND VALIDITY OF DECLARATION AND
BYLAWS.

(a) All provisions of the declaration and bylaws are
severable.

(b) The rule against perpetuities may not be applied to
defeat any provision of the declaration or this chapter, or any
instrument executed pursuant to the declaration or this chapter.

(c) In the event of a conflict between the provisions of
the declaration and the bylaws, the declaration prevails except
to the extent that the declaration is inconsistent with this
chapter.

new text begin (d) The declaration and bylaws must comply with section
500.215. new text end

Sec. 4.

Minnesota Statutes 2004, section 515B.3-102, is
amended to read:

515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.

(a) Except as provided in deleted text begin subsection deleted text end new text begin subsections new text end (b) new text begin and
(c) new text end , and subject to the provisions of the declaration or bylaws,
the association shall have the power to:

(1) adopt, amend and revoke rules and regulations not
inconsistent with the articles of incorporation, bylaws and
declaration, as follows: (i) regulating the use of the common
elements; (ii) regulating the use of the units, and conduct of
unit occupants, which may jeopardize the health, safety or
welfare of other occupants, which involves noise or other
disturbing activity, or which may damage the common elements or
other units; (iii) regulating or prohibiting animals; (iv)
regulating changes in the appearance of the common elements and
conduct which may damage the common interest community; (v)
regulating the exterior appearance of the common interest
community, including, for example, balconies and patios, window
treatments, and signs and other displays, regardless of whether
inside a unit; (vi) implementing the articles of incorporation,
declaration and bylaws, and exercising the powers granted by
this section; and (vii) otherwise facilitating the operation of
the common interest community;

(2) adopt and amend budgets for revenues, expenditures and
reserves, and levy and collect assessments for common expenses
from unit owners;

(3) hire and discharge managing agents and other employees,
agents, and independent contractors;

(4) institute, defend, or intervene in litigation or
administrative proceedings (i) in its own name on behalf of
itself or two or more unit owners on matters affecting the
common elements or other matters affecting the common interest
community or, (ii) with the consent of the owners of the
affected units on matters affecting only those units;

(5) make contracts and incur liabilities;

(6) regulate the use, maintenance, repair, replacement and
modification of the common elements and the units;

(7) cause improvements to be made as a part of the common
elements, and, in the case of a cooperative, the units;

(8) acquire, hold, encumber, and convey in its own name any
right, title, or interest to real estate or personal property,
but (i) common elements in a condominium or planned community
may be conveyed or subjected to a security interest only
pursuant to section 515B.3-112, or (ii) part of a cooperative
may be conveyed, or all or part of a cooperative may be
subjected to a security interest, only pursuant to section
515B.3-112;

(9) grant public utility easements through, over or under
the common elements, and, subject to approval by resolution of
unit owners other than declarant or its affiliates at a meeting
duly called, grant other public or private easements, leases and
licenses through, over or under the common elements;

(10) impose and receive any payments, fees, or charges for
the use, rental, or operation of the common elements, other than
limited common elements, and for services provided to unit
owners;

(11) impose charges for late payment of assessments and,
after notice and an opportunity to be heard, levy reasonable
fines for violations of the declaration, bylaws, and rules and
regulations of the association;

(12) impose reasonable charges for the review, preparation
and recordation of amendments to the declaration, resale
certificates required by section 515B.4-107, statements of
unpaid assessments, or furnishing copies of association records;

(13) provide for the indemnification of its officers and
directors, and maintain directors' and officers' liability
insurance;

(14) provide for reasonable procedures governing the
conduct of meetings and election of directors;

(15) exercise any other powers conferred by law, or by the
declaration, articles of incorporation or bylaws; and

(16) exercise any other powers necessary and proper for the
governance and operation of the association.

(b) Notwithstanding subsection (a) the declaration or
bylaws may not impose limitations on the power of the
association to deal with the declarant which are more
restrictive than the limitations imposed on the power of the
association to deal with other persons.

new text begin (c) Notwithstanding subsection (a), powers exercised under
this section must comply with section 500.215.
new text end