SF1564

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