2026-09-12 · Minnesota · Legislation

What happened. Section 14 of Laws 2026, ch. 82 creates an entirely new Minn. Stat. § 515B.5-101, “Local Government Regulations” — the first section of a new article 5 of the Minnesota Common Interest Ownership Act.¹

Its effective date is narrower than the rest of the act: 1 January 2027, and only “for all common interest communities created on or after that date.” Existing associations are unaffected; this governs how new ones come into being.

Who is bound

Subdivision 1 defines “local government” broadly: “a county; a town; a municipality as defined in section 462.352, subdivision 2; a joint planning board; or a public corporation, including the Metropolitan Council.”

The prohibition

Subdivision 2: “Except as required by state or federal law or rule, a local government must not condition approval of a residential building permit or conditional use permit, residential subdivision development or residential planned unit development, or any other permit related to residential development on the:

• “(1) creation of a homeowners association;
• “(2) inclusion of any service, feature, or common property necessitating a homeowners association, unless requested by the developer;
• “(3) inclusion of any terms in a homeowners association declaration, bylaws, articles of incorporation, or any other governing document; or
• “(4) adoption or revocation of, or amendment to, a rule or regulation governing the homeowners association or its members.”

Clause (3) is the one most likely to be overlooked. A city may not dictate what goes in the declaration — which reaches the common practice of requiring specific maintenance covenants as a plat condition.

What cities keep

Subdivision 3 preserves two things: nothing prohibits “(1) a local government from requiring the maintenance or insurance of common elements; or (2) a project applicant from providing an easement to access public infrastructure.”

Land use, subdivision, engineering and safety authority are untouched. Cities are not required to accept substandard infrastructure, and they are not required to take over private streets and utilities.

The floor amendment failed 47–86

The preemption was contested. A House floor amendment to strip it out of the bill was defeated 47–86.² The provision is in the act deliberately, and by a wide margin.

1. Laws 2026, ch. 82 (S.F. 1750), full session-law text — Minnesota Revisor of Statutes ↩
2. League of Minnesota Cities, “Homeowners Association, Common Interest Community Reform Signed Into Law” (18 May 2026) ↩
3. League of Minnesota Cities, “Focus on New Laws: HOAs and CICs” (24 Aug. 2026) — guidance for city staff on the preemption ↩
4. H.F. 2614 bill status (standalone preemption bill; died on the General Register) — Minnesota Revisor of Statutes ↩
5. S.F. 4123 bill status (ADU mandate plus HOA-formation limits; never heard) — Minnesota Revisor of Statutes ↩