LRB-5377/1
FFK:cjs
2019 - 2020 LEGISLATURE
February 20, 2020 - Introduced by Senators Darling and Wanggaard, cosponsored
by Representatives Ott, Subeck, Brostoff, Dittrich, Felzkowski, Gundrum,
Magnafici, Schraa, Sortwell, Thiesfeldt and Wittke. Referred to
Committee on Utilities and Housing.
SB845,1,3 1An Act to amend 710.17 (title) and 710.17 (3) (b); and to create 710.17 (1) (d)
2and 710.17 (2m) of the statutes; relating to: the rights of members of
3homeowners' associations and housing cooperatives to display political signs.
Analysis by the Legislative Reference Bureau
This bill prohibits a homeowners' association and a housing cooperative from
restricting or preventing a member from displaying a political sign on property in
which the member has a property interest or a right to exclusive use. Under the bill,
a political sign is a sign that supports or opposes a candidate for public office or a
referendum question.
Current law prohibits homeowners' associations and housing cooperatives
from restricting or preventing a member of the association or cooperative from
displaying the United States flag on property in which the member has a property
interest or a right to exclusive use. However, current law does allow homeowners'
associations and housing cooperatives to impose reasonable restrictions on the time,
place, or manner of displaying the United States flag that is necessary to protect a
substantial interest of the homeowners' association or housing cooperative. The bill
extends this exception to allow a homeowners' association and a housing cooperative
to impose reasonable restrictions on the time, place, or manner of displaying political

signs if necessary to protect the substantial interest of the homeowners' association
or housing cooperative.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB845,1 1Section 1. 710.17 (title) of the statutes is amended to read:
SB845,2,3 2710.17 (title) Right to display the flag of the United States and political
3signs
.
SB845,2 4Section 2. 710.17 (1) (d) of the statutes is created to read:
SB845,2,65 710.17 (1) (d) “Political sign” means a sign that supports or opposes a candidate
6for public office or a referendum question.
SB845,3 7Section 3. 710.17 (2m) of the statutes is created to read:
SB845,2,138 710.17 (2m) Right to display political signs. (a) Except as provided in sub.
9(3), a homeowners' association may not adopt or enforce a covenant, condition, or
10restriction, or enter into an agreement, that restricts or prevents a member of the
11homeowners' association from displaying a political sign on property in which the
12member has an ownership interest and that is subject to any policy or restriction
13adopted by the homeowners' association.
SB845,2,1814 (b) Except as provided in sub. (3), a housing cooperative may not adopt or
15enforce a covenant, condition, or restriction, or enter into an agreement, that
16restricts or prevents a member of the housing cooperative from displaying a political
17sign on property of the housing cooperative to which the member has a right to
18exclusive possession or use.
SB845,4 19Section 4. 710.17 (3) (b) of the statutes is amended to read:
SB845,3,3
1710.17 (3) (b) Provides a reasonable restriction on the time, place, or manner
2of displaying the flag of the United States or a political sign that is necessary to
3protect a substantial interest of the homeowners' association or housing cooperative.
SB845,3,44 (End)
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