HF 2614
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/24/2025 04:33 p.m.
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A bill for an act
relating to local government; prohibiting certain governing bodies from requiring
or incentivizing creation of homeowners associations; prohibiting certain governing
bodies from requiring terms not required under state law in homeowners association
documents; amending Minnesota Statutes 2024, section 394.25, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 462.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 394.25, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Homeowners associations. new text end
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(a) A county must not condition approval of a
residential building permit or conditional use permit; residential subdivision development
or residential planned unit development; or any other permit related to residential
development on the:
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(1) creation of a homeowners association;
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(2) inclusion of any service, feature, or common property necessitating a homeowners
association;
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(3) inclusion of any terms in a homeowners association declaration, bylaws, articles of
incorporation, or any other governing document that is not required under state law; or
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(4) adoption or revocation of, or amendment to, a rule or regulation governing the
homeowners association or its members.
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(b) A county must not take any action that requires a residential property to be part of
a homeowners association or provide an incentive for such membership. A county must not
require or incentivize a homeowners association to adopt, revoke, or amend a term in any
governing document or a rule or regulation not required under state law.
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Sec. 2.
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[462.3577] MUNICIPALITIES; HOMEOWNERS ASSOCIATIONS.
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(a) A municipality, joint planning board, or public corporation must not condition
approval of a residential building permit or conditional use permit; residential subdivision
development or residential planned unit development; or any other permit related to
residential development on the:
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(1) creation of a homeowners association;
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(2) inclusion of any service, feature, or common property necessitating a homeowners
association;
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(3) inclusion of any terms in a homeowners association declaration, bylaws, articles of
incorporation, or any other governing document that is not required under state law; or
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(4) adoption or revocation of, or amendment to, a rule or regulation governing the
homeowners association or its members.
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(b) A municipality, joint planning board, public corporation, or the Metropolitan Council
must not take any action that requires a residential property to be part of a homeowners
association or provide an incentive for such membership. A municipality, joint planning
board, public corporation, or the Metropolitan Council must not require or incentivize a
homeowners association to adopt, revoke, or amend a term in any governing document or
a rule or regulation not required under state law.
new text end