Minnesota House advances legislation to ensure HOA residents can fly military flags

Minnesotans living in homeowners association (HOA) communities might soon be able to fly new types of flags on their property.

Under current state law, HOAs cannot prohibit their residents from displaying the American flag or the Minnesota flag outside their homes. However, HOAs are allowed to ban all other flags from being flown in their communities.

On Monday, the Elections and Government Operations Committee in the Minnesota House of Representatives discussed legislation that would add to the list of flags that cannot be prohibited by HOAs.

Authored by Republican Rep. Jeff Witte, HF 2185 would add the prisoner of war/missing in action flag, the Blue Star Service flag, the Gold Star Service flag, and U.S. military branch flags to the list of banners that are immune from HOA restrictions.

During committee discussion of HF 2185, DFL Rep. Mike Freiberg tried to amend the bill so that HOA residents could fly any flag they want without interference from their HOA.

However, Freiberg’s amendment also would have given HOAs the ability to place “narrowly tailored” limitations on flags “to prevent the incitement of violence or unlawful activity.” HOAs can already institute narrowly tailored limitations on flags to “protect health and safety.”

During discussion of Freiberg’s amendment, Democrats noted their support for Witte’s bill, but warned that the legislature could be faced with endless requests for additions to the list of protected flags. Freiberg said his amendment would ensure that no group gets favored treatment.

Meanwhile, a lobbyist for the HOA industry told lawmakers that his group was not opposed to Witte’s bill, saying it is a “modest expansion” of existing law. However, the lobbyist said his group was opposed to the total elimination of an HOA’s ability to regulate flags.

Republicans criticized Freiberg’s amendment because it allowed HOAs to limit flag flying “to prevent the incitement of violence or unlawful activity.”

Republican Rep. Drew Roach said Freiberg’s amendment “disputes itself” and is “contradictory” because it allows the display of any flag but also limits the display of any flag “based off of what someone deems is incitement.”

Ultimately, Freiberg’s amendment was rejected in a voice vote.

After Freiberg’s amendment was defeated, Republican Rep. Ben Davis made a motion to send HF 2185 to the General Register, the last stop before a bill is considered by the full House. That motion was approved in a unanimous voice vote.

Luke Sprinkel

Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.