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:
Minnesota Statutes 2022, section 394.25, is amended by adding a subdivision
to read:
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(c) This section does not prohibit a political subdivision from passing an ordinance under
section 169.346, subdivision 4, related to disability parking spaces.
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(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.
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