SF 5516

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/08/2024 08:52am

A bill for an act
relating to local government; prohibiting minimum parking mandates; prohibiting
counties and municipalities from requiring the creation of a homeowners association
as a condition for building permit; amending Minnesota Statutes 2022, 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 2022, 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

new text begin (a) A county must not condition approval of a
residential building permit, residential subdivision development, or residential planned unit
development on the creation of a homeowners association or on the inclusion of any terms
in a homeowners association bylaws, articles of incorporation, or any other governing
document that is not required under state law.
new text end

new text begin (b) A county must not require that a residential property be part of a homeowners
association or provide an incentive for such membership. The county must also not require
or incentivize a homeowners association to adopt terms or conditions not required under
state law.
new text end

Sec. 2.

new text begin [462.3577] MUNICIPALITIES; HOMEOWNERS ASSOCIATIONS.
new text end

new text begin (a) A municipality must not condition approval of a residential building permit, residential
subdivision development, or residential planned unit development on the creation of a
homeowners association or on the inclusion of any terms in a homeowners association
bylaws, articles of incorporation, or any other governing document that is not required under
state law.
new text end

new text begin (b) A municipality must not require that a residential property be part of a homeowners
association or provide an incentive for such membership. The municipality must also not
require or incentivize a homeowners association to adopt terms or conditions not required
under state law.
new text end

Sec. 3.

new text begin [462.3655] MINIMUM PARKING MANDATES PROHIBITED.
new text end

new text begin (a) Notwithstanding any other provision of law, home rule charter, or ordinance to the
contrary, a political subdivision shall not impose minimum parking mandates for residential,
commercial, or industrial properties within its jurisdiction.
new text end

new text begin (b) For purposes of this section, "minimum parking mandate" means a law, rule, or
ordinance that specifies a minimum number of off-street vehicle parking spaces, including
within a garage or other enclosed area, except that additional disability parking spaces may
be required to meet the requirements of the Americans with Disabilities Act.
new text end

new text begin (c) This section does not prohibit a political subdivision from passing an ordinance under
section 169.346, subdivision 4, related to disability parking spaces.
new text end

new text begin (d) This section does not prohibit a political subdivision from offering a nonbinding
recommendation for a property within its jurisdiction to provide a specified number of
parking spaces.
new text end