SF 2593

1st 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; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             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 must not be limited by any deed restriction, subdivision 
  1.12  regulation, restrictive covenant, local ordinance, contract, 
  1.13  rental agreement or regulation, or homeowners association 
  1.14  document.  
  1.15     (b) "Homeowners association document" includes the 
  1.16  declaration, articles of incorporation, bylaws, and rules and 
  1.17  regulations of:  
  1.18     (1) a common interest community, as defined in section 
  1.19  515B.1-103(10), regardless of whether the common interest 
  1.20  community is subject to chapter 515B; and 
  1.21     (2) a residential community that is not a common interest 
  1.22  community, as defined in section 515B.1-103(10).  
  1.23     Subd. 2.  [EXCEPTIONS.] (a) This section does not prohibit 
  1.24  limitations narrowly tailored to protect health or safety. 
  1.25     (b) This section does not prohibit reasonable limitations 
  2.1   that restrict: 
  2.2      (1) the size of a United States flag to be displayed to a 
  2.3   size customarily used on residential property; or 
  2.4      (2) the installation of a United States flag to a portion 
  2.5   of the residential property to which the person who displays the 
  2.6   United States flag has exclusive use.  
  2.7      (c) This section does not prohibit a requirement that a 
  2.8   United States flag be displayed in a legal manner, that the flag 
  2.9   be in good condition and not altered or defaced, or that the 
  2.10  flag not be affixed in a permanent manner or in a way that 
  2.11  causes damage to the property. 
  2.12     Subd. 3.  [APPLICABILITY.] (a) This section applies to: 
  2.13     (1) all limitations described in subdivision 1 and not 
  2.14  excepted in subdivision 2, regardless of whether adopted before, 
  2.15  on, or after the effective date of this section; 
  2.16     (2) all common interest communities, as defined in section 
  2.17  515B.1-103(10), regardless of when created; and 
  2.18     (3) all other residential communities, regardless of when 
  2.19  created. 
  2.20     (b) Provisions that violate this section are void and 
  2.21  unenforceable to the extent of the violation. 
  2.22     Subd. 4.  [RECOVERY OF ATTORNEY FEES.] If an owner or 
  2.23  tenant of residential property is denied the right provided by 
  2.24  this section, the owner or tenant is entitled to recover, from 
  2.25  the party who denied the right, reasonable attorney fees and 
  2.26  expenses incurred in connection with enforcing the right.