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SF1564 (Legislative Session 94 (2025-2026))

Homeowners' associations prohibition from limiting the right to display any flag

AI Generated Summary

Purpose

  • To change rules about flag displays on residential property by making it illegal for homeowners associations (HOAs) and other housing restrictions to prevent someone from displaying the United States flag or the Minnesota flag.

Main Provisions

  • Prohibition of restrictions:
    • Any deed restriction, restrictive covenant, local ordinance, contract, rental agreement, or HOA document that limits a resident’s right to display the U.S. flag or the Minnesota flag is void and unenforceable.
  • Scope of rules:
    • The term “homeowners association document” includes declarations, articles of incorporation, bylaws, and rules/regulations of a common interest community (CIC), and it also applies to residential communities that are not CICs.
  • Exceptions and allowed limits:
    • Limits are allowed if they are narrowly tailored to protect health or safety or to prevent incitement of violence or unlawful activity.
    • Limits may also cover:
    • The size of the flag to be displayed.
    • The portion of the property where the flag is displayed if the owner has exclusive use of that area.
    • The lighting or illumination of the flag.
    • The display must be legal under Minnesota law, the flag must be in good condition and not altered or defaced, and it must not be permanently affixed in a way that causes more than inconsequential damage to others’ property.
  • Liability for damage:
    • If displaying the flag causes damage, the person displaying the flag is responsible for repair costs.

Significant Changes to Existing Law

  • Replaces enforceable restrictions on flag display with a general rule protecting the right to display the U.S. and Minnesota flags, while allowing narrowly tailored safety-related and property-use limitations.
  • Expands the reach of this protection to both common interest communities (HOAs) and residential communities not organized as CICs, through a unified interpretation of HOA documents.

Enforcement and Practical Impact

  • Homeowners associations and related documents cannot blanketly prohibit flag displays, which may reduce HOA enforcement power in this area.
  • Residents must still follow safety, legal display, and property-damage rules, and owners may be responsible for any resulting repair costs.

Definitions and Scope Notes

  • “Common interest community” references are tied to 515B.1103 definitions, ensuring consistency with already established terms for both CICs and non-CIC residential communities.

Relevant Terms - flags, flag display, United States flag, Minnesota flag - homeowners association (HOA), deed restriction, restrictive covenant - local ordinance, contract, rental agreement - HOA document (declaration, articles of incorporation, bylaws, rules and regulations) - common interest community (CIC) - Minnesota Statutes 2024 section 500.215 (subdivision references) - health or safety, incitement of violence, unlawful activity - size of the flag, exclusive use, illumination - legal display, good condition, not altered or defaced - permanent mounting, inconsequential damage - repair costs

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 17, 2025SenateActionIntroduction and first reading
February 17, 2025SenateActionReferred toJudiciary and Public Safety
February 24, 2025SenateActionAuthor added
February 17, 2026SenateActionAuthor stricken

Citations

 
[
  {
    "analysis": {
      "added": [
        "Adds a general rule that flag display restrictions by any HOA or related document are void and unenforceable."
      ],
      "removed": [
        "Eliminates enforceability of restrictions that prohibit flag displays in the specified contexts."
      ],
      "summary": "This bill amends Minn. Stat. 500.215, subdivision 1, to declare void and unenforceable any provision in deed restrictions, HOA documents, local ordinances, contracts, or other rules that limits the right of an owner or tenant of residential property to display the flags of the United States and Minnesota.",
      "modified": [
        "Recasts the subdivision as a blanket prohibition on flag display restrictions, replacing prior permissive language."
      ]
    },
    "citation": "500.215",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Exceptions for health or safety concerns or to prevent incitement of violence or unlawful activity.",
        "Permitted limitations on flag size or the portion of property where the flag can be displayed (exclusive use areas).",
        "Requirements that flags be displayed legally, in good condition, not altered or defaced, and not affixed permanently if it would cause more than inconsequential damage; liability for repair costs."
      ],
      "removed": [],
      "summary": "This bill adds exceptions to the prohibition in Minn. Stat. 500.215, subdivision 2, allowing certain restrictions: health or safety concerns; size or location limitations; exclusive-use portions; and requirements that flags be displayed legally and maintained, with liability for damage.",
      "modified": [
        "Adds explicit carve-outs to the general prohibition, detailing permissible restrictions and maintenance standards."
      ]
    },
    "citation": "500.215",
    "subdivision": "subdivision 2"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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