The topics that produced no bill at all

The 69th Assembly considered 1,106 measures across the 2025 regular session and both 2026 special sessions. Searched by title and summary across the whole corpus, the following produced nothing — not an enacted bill, not a failed bill, not an introduced bill:

• Solar access or solar rights
• Accessory dwelling units
• Short-term or vacation rentals
• Flag display
• Political signs (the existing § 47-04.1-14 was untouched)
• EV charging in associations (the 2023 § 47-04.1-16 was untouched)
• Reserve funds or reserve studies, except inside the failed SB 2394 and as a disclosure item in SB 2229
• Architectural control
• Association fining authority
• Board elections, proxies or quorums
• Association records inspection
• Assessment liens or lien priority for associations
• Covenants, restrictive covenants or deed restrictions
• Community association manager licensing
• Antennas, satellite dishes, clotheslines, xeriscaping and rain barrels

Every one of those is a subject on which other states legislate regularly. In North Dakota, in the most recent legislative cycle, nobody filed.

What the session did do

Two things, both in chapter 47-10 rather than 47-04.1. SB 2229 created § 47-10-02.3, the resale disclosure duty — the first affirmative statutory obligation North Dakota has ever placed on an association as such. And SB 2394, which would have created a general association governance chapter with reserve funds, quarterly board meetings and a thirty-day inquiry response duty, failed in the Senate 0 to 46.

So the legislature added a disclosure duty and declined to add any governance rules, and left the condominium statute itself alone.

What this means for a board

Your declaration is the operative document, more than in almost any other state. No general association act, an untouched condominium act, and a Supreme Court that has decided one association case since 2019 leaves the governing documents doing the work. Our North Dakota governing statute page sets out what little sits above them.

Be sceptical of advice written for other states. A great deal of community-association guidance assumes a comprehensive statute with reserve mandates, election procedures, records deadlines and fining limits. North Dakota has none of those. Material describing “what the law requires” on any of the topics listed above is, here, describing somewhere else.

Do not assume stability means safety. The statute did not move, but the ground under North Dakota associations did — from the courts, from the secondary mortgage market, and from federal agencies. In this same period the Eighth Circuit held an association bound by an appraisal award it thought too low; Fannie Mae and Freddie Mac raised the condominium reserve floor from 10 to 15 percent for loan applications dated on or after January 4, 2027; and HUD withdrew the guidance that told boards how to handle assistance-animal requests. None of that appears in the Century Code.

Fill the gaps deliberately. Where the statute is silent, the board can still adopt policy: a reserve funding plan, a written response standard for owner inquiries, a records request procedure, an enforcement ladder. Nothing obliges you to, and nothing stops you. Our reserve studies and records inspection pages cover where the usual practice sits.

What to watch next

North Dakota's Legislative Assembly meets biennially in odd years. The 70th convenes January 5, 2027; the deadline for legislators to prefile is December 18, 2026, and bills must be introduced by January 18 in the House and January 25 in the Senate.

Nothing in the 2025-26 interim study list touches associations, so any 2027 association bill will arrive without an interim committee report behind it — the same position SB 2394 was in when it drew zero votes. The window in which a 2027 bill would become visible is open now and closes in December.