Minnesota Legislature
SF 5195
as introduced - 93rd Legislature (2023 - 2024) Posted on 04/19/2024 10:09am
Current Version - as introduced
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A bill for an act
relating to real property; prohibiting homeowners' associations from limiting the
right to display any flag; amending Minnesota Statutes 2022, section 500.215,
subdivisions 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 500.215, subdivision 1, is amended to read:
Subdivision 1.
General rule.
(a) Any provision of any deed restriction, subdivision
regulation, restrictive covenant, local ordinance, contract, rental agreement or regulation,
or homeowners association document that limits the right of an owner or tenant of residential
property to display deleted text begin thedeleted text end new text begin anynew text end flag deleted text begin of the United States and the flag of the State of Minnesotadeleted text end
is void and unenforceable.
(b) "Homeowners association document" includes the declaration, articles of
incorporation, bylaws, and rules and regulations of:
(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
(2) a residential community that is not a common interest community, as defined in
section 515B.1-103(10).
Sec. 2.
Minnesota Statutes 2022, section 500.215, subdivision 2, is amended to read:
Subd. 2.
Exceptions.
(a) This section does not prohibit limitations narrowly tailored to
protect health or safetynew text begin , or to prevent the incitement of violence or unlawful activitynew text end .
(b) This section does not prohibit limitations that restrict:
(1) the size of the flag to be displayed to a size customarily used on residential property;
(2) the installation and display of the flag to a portion of the residential property to which
the person who displays the flag has exclusive use; or
(3) illuminating the flag.
(c) This section does not prohibit a requirement that the flag be displayed in a legal
manner under Minnesota 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 that portion of property to be
maintained by others or in a way that causes more than inconsequential damage to others'
property. A person who causes damage is liable for the repair costs.