SF 2593

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real estate; prohibiting restrictions on 
  1.3             real estate use that restrict display of flags and 
  1.4             noncommercial signs; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 500. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [500.215] [LIMITS ON CERTAIN RESIDENTIAL 
  1.8   PROPERTY RIGHTS PROHIBITED.] 
  1.9      Subdivision 1.  [GENERAL RULE.] (a) The right of an owner 
  1.10  or tenant of residential property to display a United States 
  1.11  flag and state of Minnesota flag must not be limited by any deed 
  1.12  restriction, subdivision regulation, restrictive covenant, local 
  1.13  ordinance, contract, rental agreement or regulation, or 
  1.14  homeowners association document.  In addition, the right of an 
  1.15  owner or tenant to display a noncommercial sign from August 1 in 
  1.16  a state general election year until ten days following the state 
  1.17  general election must not be limited.  
  1.18     (b) "Homeowners association document" includes the 
  1.19  declaration, articles of incorporation, bylaws, and rules and 
  1.20  regulations of:  
  1.21     (1) a common interest community, as defined in section 
  1.22  515B.1-103(10), regardless of whether the common interest 
  1.23  community is subject to chapter 515B; and 
  1.24     (2) a residential community that is not a common interest 
  1.25  community, as defined in section 515B.1-103(10).  
  2.1      Subd. 2.  [EXCEPTIONS.] (a) This section does not prohibit 
  2.2   limitations narrowly tailored to protect health or safety. 
  2.3      (b) This section does not prohibit reasonable limitations 
  2.4   that restrict: 
  2.5      (1) the size of the flag or noncommercial sign to be 
  2.6   displayed to a size customarily used on residential property; or 
  2.7      (2) the installation of the flag or noncommercial sign to a 
  2.8   portion of the residential property to which the person who 
  2.9   displays the flag or noncommercial sign has exclusive use.  
  2.10     (c) This section does not prohibit a requirement that the 
  2.11  flag or noncommercial sign be displayed in a legal manner, that 
  2.12  the flag or sign be in good condition and not altered or 
  2.13  defaced, or that the flag or sign not be affixed in a permanent 
  2.14  manner or in a way that causes damage to the property. 
  2.15     Subd. 3.  [APPLICABILITY.] (a) This section applies to: 
  2.16     (1) all limitations described in subdivision 1 and not 
  2.17  excepted in subdivision 2, regardless of whether adopted before, 
  2.18  on, or after the effective date of this section; 
  2.19     (2) all common interest communities, as defined in section 
  2.20  515B.1-103(10), regardless of when created; and 
  2.21     (3) all other residential communities, regardless of when 
  2.22  created. 
  2.23     (b) Provisions that violate this section are void and 
  2.24  unenforceable to the extent of the violation. 
  2.25     Subd. 4.  [RECOVERY OF ATTORNEY FEES.] If an owner or 
  2.26  tenant of residential property is denied the right provided by 
  2.27  this section, the owner or tenant is entitled to recover, from 
  2.28  the party who denied the right, reasonable attorney fees and 
  2.29  expenses if the owner or tenant prevails in enforcing the right.