North Dakota HOA & Condo Laws

Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

N.D. Cent. Code §47-04.1-07

Condominium Ownership — Administration; Bylaws →

Requires unit owners to provide for administration of the project. Bylaws must cover maintenance of common elements, assessment of expenses, payment of losses, and disposition …

N.D. Cent. Code §47-04.1-11

Condominium Ownership — Liens Against Units for Common Expenses →

Assessment for common expenses constitutes a debt of the unit owner. The lien attaches when the administrative body records a notice of assessment with the …

N.D. Cent. Code §47-10-02.3

Real Property Transfers — Required Disclosures →

Requires sellers of property subject to HOA or condominium rules to provide 15 specified disclosure items within 10 days of executing a purchase agreement. Required …

Reserve Requirements Compare across states →

Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.

N.D. Cent. Code §47-10-02.3

Real Property Transfers — Required Disclosures →

Requires sellers of property subject to HOA or condominium rules to provide 15 specified disclosure items within 10 days of executing a purchase agreement. Required …

Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

N.D. Cent. Code §10-33-68

Nonprofit Corporations — Notice of Member Meetings →

Default meeting notice for nonprofit corporations including HOAs and condominium associations. Notice must be given not less than 5 days and not more than 50 …

N.D. Cent. Code §47-04.1-07

Condominium Ownership — Administration; Bylaws →

Requires unit owners to provide for administration of the project. Bylaws must cover maintenance of common elements, assessment of expenses, payment of losses, and disposition …

Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

N.D. Cent. Code §47-04.1-14

Condominium Ownership — Political Signs →

Owners cannot be prohibited from displaying political yard signs within 60 days before any primary, general, or special election. Reasonable restrictions on placement and manner …

Enforcement and Fines Compare across states →

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

N.D. Cent. Code §47-04.1-15

Condominium Ownership — Lender Approval of Amendment →

After 30 days written notice to the lender's last known address, a lender that does not refuse or approve a proposed amendment to the declaration …

N.D. Cent. Code §47-04.1-16

Condominium Ownership — EV Charging Station Installation →

Owner applications for EV charging station installation must be approved or denied in writing. If not denied within 60 days, the application is deemed approved. …

Resale Disclosure Compare across states →

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

N.D. Cent. Code §47-10-02.3

Real Property Transfers — Required Disclosures →

Requires sellers of property subject to HOA or condominium rules to provide 15 specified disclosure items within 10 days of executing a purchase agreement. Required …

Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

N.D. Cent. Code §47-04.1-01

Condominium Ownership of Real Property — Definitions →

Foundational definitions for North Dakota's condominium statute. Chapter 47-04.1 is a basic 16-section act covering creation, ownership, and liens. It does not address association governance, …

N.D. Cent. Code §47-04.1-07

Condominium Ownership — Administration; Bylaws →

Requires unit owners to provide for administration of the project. Bylaws must cover maintenance of common elements, assessment of expenses, payment of losses, and disposition …

Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

N.D. Cent. Code §47-04.1-01

Condominium Ownership of Real Property — Definitions →

Foundational definitions for North Dakota's condominium statute. Chapter 47-04.1 is a basic 16-section act covering creation, ownership, and liens. It does not address association governance, …

N.D. Cent. Code §47-04.1-07

Condominium Ownership — Administration; Bylaws →

Requires unit owners to provide for administration of the project. Bylaws must cover maintenance of common elements, assessment of expenses, payment of losses, and disposition …

N.D. Cent. Code §47-04.1-14

Condominium Ownership — Political Signs →

Owners cannot be prohibited from displaying political yard signs within 60 days before any primary, general, or special election. Reasonable restrictions on placement and manner …

Amendment Procedures Compare across states →

How HOAs amend their governing documents — voting thresholds, recording requirements, notice procedures, and limitations on what can be amended. Covers both CC&R amendments and bylaw changes.

N.D. Cent. Code §47-04.1-15

Condominium Ownership — Lender Approval of Amendment →

After 30 days written notice to the lender's last known address, a lender that does not refuse or approve a proposed amendment to the declaration …

Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

N.D. Cent. Code §47-04.1-11

Condominium Ownership — Liens Against Units for Common Expenses →

Assessment for common expenses constitutes a debt of the unit owner. The lien attaches when the administrative body records a notice of assessment with the …

Architectural Review Compare across states →

Association authority to review and approve owner modifications to units and common elements. Covers architectural review committees, approval procedures, denial appeals, and statutory limitations on what can be prohibited (e.g., …

N.D. Cent. Code §47-04.1-16

Condominium Ownership — EV Charging Station Installation →

Owner applications for EV charging station installation must be approved or denied in writing. If not denied within 60 days, the application is deemed approved. …

Solar & Sustainability Rights Compare across states →

Owner rights to install solar panels, EV charging stations, heat pumps, and other sustainability improvements. State solar access laws, EV-ready building codes, and limitations on association authority to restrict green …

N.D. Cent. Code §47-04.1-16

Condominium Ownership — EV Charging Station Installation →

Owner applications for EV charging station installation must be approved or denied in writing. If not denied within 60 days, the application is deemed approved. …

Legal Facts by Category
Gould, 2024 ND 32 (first impression). N.D. Cent. Code §47-04.1-11
Assessment for common expenses constitutes a debt of the unit owner. N.D. Cent. Code §47-04.1-11
ND Judicial Foreclosure Required N.D. Cent. Code §47-04.1-11
There is no super-priority period — confirmed by Industrial Commission of North Dakota v. N.D. Cent. Code §47-04.1-11
After 30 days written notice to the lender's last known address, a lender that does not refuse or approve a proposed amendment to the declaration is deemed to have approved it. N.D. Cent. Code §47-04.1-15
If not denied within 60 days, the application is deemed approved. N.D. Cent. Code §47-04.1-16
Owner applications for EV charging station installation must be approved or denied in writing. N.D. Cent. Code §47-04.1-16
Insurance certificate required within 14 days of approval. N.D. Cent. Code §47-04.1-16
Requires sellers of property subject to HOA or condominium rules to provide 15 specified disclosure items within 10 days of executing a purchase agreement. N.D. Cent. Code §47-10-02.3
Information must be current within 90 days. N.D. Cent. Code §47-10-02.3
Buyer may void the contract within 5 days of receipt. N.D. Cent. Code §47-10-02.3
Within ten days of executing an agreement to sell or transfer N.D. Cent. Code §47-10-02.3 (2)
May void the contract within five days after receipt N.D. Cent. Code §47-10-02.3 (6)
Chapter 47-04.1 is a basic 16-section act covering creation, ownership, and liens. N.D. Cent. Code §47-04.1-01
Does not apply to amendments affecting a lender's mortgage enforcement rights. N.D. Cent. Code §47-04.1-15
Prohibits basing common charges or bylaws on whether occupant is owner, tenant, or other person. N.D. Cent. Code §47-04.1-07
Civil penalty for willful violation up to $1,000. N.D. Cent. Code §47-04.1-16
Required items include assessment amounts, unpaid assessments, approved special assessments, reserve and capital fund balances, reserve study status, operating and reserve budgets with year-to-date financial statement, insurance documents, pending litigation and unsatisfied judgments, uncured violations, transfer fees, assessment collection policy and remedies, leasing restrictions, amenities, and association contact information. N.D. Cent. Code §47-10-02.3
Special meetings must state their purpose in the notice. N.D. Cent. Code §10-33-68
Notice must be given not less than 5 days and not more than 50 days before the meeting, unless articles or bylaws set a different minimum. N.D. Cent. Code §10-33-68
Default meeting notice for nonprofit corporations including HOAs and condominium associations. N.D. Cent. Code §10-33-68
Court-ordered meeting allowed if no meeting within 6 months after fiscal year-end or 15 months after last meeting. N.D. Cent. Code §10-33-68
Not fewer than five days before the meeting date N.D. Cent. Code §10-33-68 (4)(a)
It does not address association governance, meeting requirements, board fiduciary duties, or resale disclosure. N.D. Cent. Code §47-04.1-01
North Dakota has no separate planned community or HOA act; non-condo HOAs are governed by CC&Rs and the Nonprofit Corporations Act (Chapter 10-33). N.D. Cent. Code §47-04.1-01
Foundational definitions for North Dakota's condominium statute. N.D. Cent. Code §47-04.1-01
Requires unit owners to provide for administration of the project. N.D. Cent. Code §47-04.1-07
Bylaws must cover maintenance of common elements, assessment of expenses, payment of losses, and disposition of hazard insurance proceeds. N.D. Cent. Code §47-04.1-07
Bylaws must be annexed to the declaration, recorded, and made available in writing to every owner. N.D. Cent. Code §47-04.1-07
The lien attaches when the administrative body records a notice of assessment with the county recorder stating the amount and the record owner's name. N.D. Cent. Code §47-04.1-11
Reasonable restrictions on placement and manner of display are permitted. N.D. Cent. Code §47-04.1-14
Owners cannot be prohibited from displaying political yard signs within 60 days before any primary, general, or special election. N.D. Cent. Code §47-04.1-14
This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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