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NebraskaLB21109th Legislature 1st and 2nd Sessionslegislature

Adopt the Uniform Unlawful Restrictions in Land Records Act

Sponsored By: John Cavanaugh

Signed by Governor

Banking, Commerce and Insurance Committee

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

HOA boards must remove illegal covenants

You can ask your HOA board to remove an unlawful restriction in the governing document. The board must decide within 90 days if the restriction exists. If it does, the board must record an amendment to remove it within 90 days after that decision. The board can act without a member vote, even if the rules normally require one.

County recorders must record removals

County recorders must record these amendments, add them to the index, and link them to the original document. Recorders and their counties are not liable for recording amendments under this law.

Homeowners can remove unlawful covenants

The law defines certain recorded rules as unlawful. These are rules that limit sale, use, or occupancy based on traits like race, religion, national origin, sex, family status, or disability, in violation of state or federal law. If your property has one, you can record an amendment to remove it for your parcel. This owner option is not allowed if your property is under a governing instrument, like an HOA declaration; then you must use the HOA process. Your amendment must name you and the property, cite the original document, include the required statement, be signed and acknowledged, and be recorded in each county where the original appears. It removes only the unlawful rule and does not change valid rules or extend other restrictions.

Sponsors & Cosponsors

Sponsor

  • John Cavanaugh

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 83 • No: 0

legislature vote • 3/6/2025

Final Reading

Yes: 47 • No: 0 • Other: 2

legislature vote • 1/31/2025

Vote

Yes: 36 • No: 0 • Other: 13

Actions Timeline

  1. Approved by Governor on March 11, 2025

    3/11/2025legislature

  2. Presented to Governor on March 6, 2025

    3/6/2025legislature

  3. President/Speaker signed

    3/6/2025legislature

  4. Passed on Final Reading 47-0-2

    3/6/2025legislature

  5. Dispensing of reading at large approved

    3/6/2025legislature

  6. Placed on Final Reading

    2/20/2025legislature

  7. Advanced to Enrollment and Review for Engrossment

    2/13/2025legislature

  8. Placed on Select File

    2/6/2025legislature

  9. Advanced to Enrollment and Review Initial

    1/31/2025legislature

  10. Placed on General File

    1/28/2025legislature

  11. Notice of hearing for January 27, 2025

    1/16/2025legislature

  12. Conrad name added

    1/14/2025legislature

  13. Referred to Banking, Commerce and Insurance Committee

    1/13/2025legislature

  14. Date of introduction

    1/9/2025legislature

Bill Text

  • Introduced

    1/9/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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