HF 1142

as introduced - 89th Legislature (2015 - 2016) Posted on 02/23/2015 02:24pm

A bill for an act
relating to real property; defining certain residential property rights; 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 [500.216] LIMITS ON CERTAIN RESIDENTIAL PROPERTY
RIGHTS PROHIBITED; SIGNS.
new text end

new text begin Subdivision 1. new text end

new text begin Political campaign signs. new text end

new text begin (a) Any provision of a homeowners
association document that limits the right of an owner of residential property to display a
political campaign sign during the calendar dates specified in section 211B.045 is void
and unenforceable.
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 (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 (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 limitations that restrict:
new text end

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

new text begin (2) the installation and display of a sign to a portion of the residential property to
which the person who displays the sign has exclusive use; or
new text end

new text begin (3) illuminating a sign.
new text end

new text begin (c) This section does not prohibit a requirement that a sign be displayed in a legal
manner under Minnesota law, that the sign be in good condition and not altered or defaced,
or that the sign not be affixed in a permanent manner to that portion of property to be
maintained by another person or in a way that causes more than inconsequential damage
to another person's property. A person who causes damage is liable for the repair costs.
new text end

new text begin Subd. 3. new text end

new text begin Recovery of attorney fees. new text end

new text begin If an owner of residential property is denied
a right provided by this section, the owner is entitled to recover, from the party who
denied the right, reasonable attorney fees and expenses if the owner prevails in enforcing
the right. If a sign is installed or displayed in violation of an enforceable restriction or
limitation, the party enforcing the restriction or limitation is entitled to recover, from the
party displaying the sign, reasonable attorney fees and expenses if the enforcing party
prevails in enforcing the restriction or limitation.
new text end

new text begin Subd. 4. new text end

new text begin Applicability. new text end

new text begin This section applies to all limitations prohibited by this
section, regardless of whether the homeowners association document was executed or
adopted before, on, or after August 1, 2015.
new text end