500.215 LIMITS ON CERTAIN RESIDENTIAL PROPERTY RIGHTS PROHIBITED;
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 the flag of the United States and the flag of the State of Minnesota is void and
(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
, 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
Subd. 2. Exceptions.
(a) This section does not prohibit limitations narrowly tailored to
protect health or safety.
(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.
Subd. 3. Applicability.
This section applies to all limitations described in subdivision 1 and
not excepted in subdivision 2, regardless of whether adopted before, on, or after August 1, 2005.
Subd. 4. Recovery of attorney fees.
If an owner or tenant of residential property is denied
the right provided by this section, the owner or tenant is entitled to recover, from the party who
denied the right, reasonable attorney fees and expenses if the owner or tenant prevails in enforcing
the right. If a flag is installed or displayed in violation of enforceable restrictions or limitations,
the party enforcing the restrictions or limitations is entitled to recover, from the party displaying
the flag, reasonable attorney fees and expenses if the enforcing party prevails in enforcing the
restrictions or limitations.
History: 2005 c 168 s 1