South Dakota HOA & Condo Laws
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 …
Property Condition Disclosure — Statement Prior to Offer →
General residential property disclosure statute. Seller must furnish a completed disclosure statement before the buyer makes a written offer. The mandatory form includes a question …
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.
Nonprofit Corporations — Quorum →
Default quorum for nonprofit corporation member meetings is one-tenth (10%) of votes entitled to be cast, unless bylaws set a different threshold. Passage requires a …
Nonprofit Corporations — Notice of Meetings →
Default meeting notice for nonprofit corporations including HOAs and condominium associations. Notice must be given not less than 10 days and not more than 50 …
Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.
Nonprofit Corporations — Quorum →
Default quorum for nonprofit corporation member meetings is one-tenth (10%) of votes entitled to be cast, unless bylaws set a different threshold. Passage requires a …
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.
Condominiums — Estates Subject to Chapter →
Defines condominium estates in South Dakota as an undivided interest in common portions plus a separate interest in space (residential, industrial, or commercial). Chapter 43-15A …
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.
Property Condition Disclosure — Statement Prior to Offer →
General residential property disclosure statute. Seller must furnish a completed disclosure statement before the buyer makes a written offer. The mandatory form includes a question …
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.
Condominiums — Estates Subject to Chapter →
Defines condominium estates in South Dakota as an undivided interest in common portions plus a separate interest in space (residential, industrial, or commercial). Chapter 43-15A …
Condominiums — Master Deed or Lease Requirements →
Prescribes 4 required elements of the master deed or lease: land and building description, unit descriptions with area and location, common area description, and insurance …
The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.
Condominiums — Deposits Held in Escrow →
All purchase deposits must be held in a segregated escrow account until delivery of the deed. Protects buyers from developer misappropriation of deposits during pre-closing …
Condominiums — Management Contract Period Limited →
Developer management or recreation facility contracts are limited to a maximum of 2 years. After the initial contract period, subsequent contracts must be entered into …
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