North Dakota HOA Compliance

North Dakota HOA Compliance

3. Compliance topics grid

Governance 06
Governing Statute
Governance
Fining Authority
Governance
Board Elections
Governance
Director Qualifications
Governance
Records Inspection
Governance
Budget Approval
Governance
Finance 05
Reserve Studies
Finance
Assessment Limits
Finance
Collections & Liens
Finance
Foreclosure
Finance
Insurance Requirements
Finance
Property & Mods 05
Architectural Review
Property & Mods
Solar Rights
Property & Mods
EV Charging
Property & Mods
ADUs & Modifications
Property & Mods
Fence & Exterior
Property & Mods
Resident Use 05
Short-Term Rentals
Resident Use
Flag Display
Resident Use
Political Signs
Resident Use
Religious Displays
Resident Use
Pet Restrictions
Resident Use
Safety & Upkeep 02
Condo Safety Inspections
Safety & Upkeep
Water Conservation
Safety & Upkeep
Transactions 02
Mediation & Dispute Resolution
Transactions
Estoppel & Resale
Transactions

1. Introduction

North Dakota regulates condominium communities under the North Dakota Condominium Ownership of Real Property Act, N.D. Cent. Code ch. 47-04.1, which defines condominiums, units, condominium projects, common areas, and recorded declarations.1 For non-condominium planned communities, the official Century Code identifies no separate planned-community governance act, and nonprofit associations organized as nonprofit corporations look to N.D. Cent. Code ch. 10-33 for entity-law rules.2,3 North Dakota's current real-property transfer statute separately requires seller disclosures for property subject to homeowners' association or condominium-project rules.4

Civil appeals sit under Supreme Court appellate jurisdiction, while a temporary Court of Appeals may hear only cases assigned by the Supreme Court and remains part of a single appeal process subject to Supreme Court review.5,6 State sources identify real estate-licensing oversight by the North Dakota Real Estate Commission, not a dedicated HOA regulator.7

Recent HOA activity runs narrow, with one enacted 2025 resale-disclosure bill, one failed 2025 board-governance bill, and Supreme Court opinions focused on covenants, waiver, planned-unit development, and architectural approvals.8,9,10,11 Within the U.S. common-interest framework, North Dakota sits on the lighter statutory end, with emphasis on recorded documents, entity law, resale disclosure, and court enforcement.12

2. Primary statute and key resources

  • North Dakota Condominium Ownership of Real Property Act, N.D. Cent. Code ch. 47-04.1. Governs condominiums, units, projects, common areas, and recorded declarations.13
  • North Dakota Nonprofit Corporations Act, N.D. Cent. Code ch. 10-33. Applies when an association incorporates as a nonprofit.14
  • North Dakota appellate structure, N.D. Cent. Code chs. 27-02 and 27-02.1. Appeals remain under Supreme Court jurisdiction, with temporary Court of Appeals assignment by the Supreme Court.15,16
  • North Dakota Real Estate Commission. Licenses and regulates real estate agencies, brokers, broker associates, and sales agents.17
  • North Dakota Attorney General, Consumer Protection Division. Accepts and screens consumer complaints from North Dakota residents or disputes involving North Dakota businesses.18

4. North Dakota's recent regulatory landscape

Recent Legislation

North Dakota's 2025 record covers an enacted resale-disclosure statute in SB 2229 and a failed association-governance proposal in SB 2394.

StatusSigned
⌾Last verifiedMay 9, 2026
Docket

SB 2229 · 2025 Regular Session

Effective
Aug 1, 2025
Sunset
N/A
Required disclosures before the sale of a condominium unit or a property subject to a homeowners' association or a condominium project
Synopsis

The Governor signed SB 2229 on March 18, 2025, and the bill created N.D. Cent. Code § 47-10-02.3 for association and condominium-project resale disclosures.[19][20] North Dakota's default effective-date rule makes the law effective August 1, 2025, because the bill text states no different effective date.[21] The statute requires written seller disclosures within the agreed date or within ten days after executing a sale or transfer agreement, and it requires the homeowners' association or condominium project to furnish the required documents within ten days after a seller request.[22] The enacted text does not include a sunset clause, and its disclosure categories, ten-day timing, voidability rules, and buyer-liability limits all flow from § 47-10-02.3.[23][24][25][26][27]

Operational impact
What this means, by role
Property managersBuild resale-package checklists around assessments, governing documents, minutes, reserves, budgets, insurance, litigation, violations, transfer fees, and contacts.
HOA board membersBoard-level recordkeeping has closing consequences because the association must furnish the required documents within ten days after a seller request.
Community association attorneysPurchase-contract risk now includes the statutory voidability period tied to production of association or condominium-project documents.
HomeownersA buyer is not liable for unpaid assessments or fees above the amount shown in the association or condominium-project documents.
StatusFailed
⌾Last verifiedMay 9, 2026
Docket

SB 2394 · 2025 Regular Session

Effective
N/A
Sunset
N/A
Association community bylaws and board of directors
Synopsis

SB 2394 proposed a new chapter in Title 47 concerning association community bylaws and boards of directors.[28] The Senate rejected the bill after a do-not-pass recommendation, with 0 yeas, 46 nays, and one member absent or excused.[29] The bill did not create an effective date or sunset because it failed, and the failure preserves case-by-case analysis under declarations, bylaws, contracts, and any applicable corporate statute rather than a new Title 47 association chapter.[30][31][32][33][34][35]

Operational impact
What this means, by role
Property managersNo board-bylaw operating rule took effect under SB 2394.
HOA board membersThe failed bill still shows that board authority and member-governance topics were before the 2025 session.
Community association attorneysContinue case-by-case analysis under declarations, bylaws, contracts, and any applicable corporate statute.
HomeownersSB 2394 did not create new statutory voting, bylaw, or board-rights provisions.

Recent Court Rulings

Recent North Dakota Supreme Court rulings address covenant waiver under a no-waiver clause and the reasonable-care duty in HOA architectural approvals.

StatusFinal
⌾Last verifiedMay 9, 2026
Case

Carpenter v. Southbay Homeowners Association

North Dakota Supreme Court · 2025 ND 114
Decided
Jun 18, 2025
Court
N.D. S. Ct.
Synopsis

The court's official opinion summary states that a right to enforce a restriction may be lost by waiver, that waiver depends on fact, and that a non-waiver provision can be waived only by clear intent to waive both the non-waiver provision and the underlying restriction.[36] Practically, covenant enforcement records and architectural-approval consistency affect waiver arguments, but a no-waiver clause remains meaningful unless clearly waived.[37][38][39][40][41]

Operational impact
What this means, by role
Property managersMaintain architectural approval history, denial records, and variance records because waiver arguments are fact dependent.
HOA board membersNo-waiver language can help, but inconsistent approvals may still create litigation risk.
Community association attorneysWhen declaration language contains a no-waiver clause, waiver analysis must account for both the clause and the underlying restriction.
HomeownersA prior approval or non-enforcement event does not automatically defeat a restriction when the governing documents include non-waiver language.
StatusFinal
⌾Last verifiedMay 9, 2026
Case

Berger, et al. v. Sellers, et al.

North Dakota Supreme Court · 2023 ND 171
Decided
Sep 28, 2023
Court
N.D. S. Ct.
Synopsis

The court's official opinion summary states that restrictive covenants are interpreted as contracts, a planned unit development is treated as a zoning ordinance, and an HOA owes homeowners reasonable care in approving construction plans.[42] The same summary states that homeowners do not have a right to sunlight or open space on adjacent properties and that a fact finder determines whether an HOA used reasonable care.[43] Practically, plan-review files can become evidence in negligence and covenant disputes even where the claimed harm is not itself a protected right to light, view, or open space.[44][45][46][47][48]

Operational impact
What this means, by role
Property managersKeep plan submissions, architectural decisions, and reasons for approvals in a retained file.
HOA board membersTreat architectural approval decisions as conduct subject to a reasonable-care standard.
Community association attorneysSeparate PUD, covenant, nuisance, and negligence theories because the case summary treats those doctrines differently.
HomeownersLoss of sunlight or open space on adjacent property is not identified as a homeowner property right in the court's official summary.

Regulatory Developments

North Dakota's regulatory baseline splits between Real Estate Commission licensing oversight and Attorney General consumer complaint intake.

StatusOngoing
⌾Last verifiedMay 9, 2026
Agency

N.D. Real Estate Commission & N.D. Attorney General

Licensing oversight and consumer complaint intake
Issued
N/A
Coverage
Statewide
Synopsis

North Dakota's regulatory baseline splits by subject matter: the Real Estate Commission states that it licenses and regulates real estate agencies, brokers, broker associates, and sales agents, while the Attorney General's consumer complaint process screens complaints from North Dakota residents or disputes involving North Dakota businesses and may refer or mediate matters within its authority.[49][50] Those official sources do not identify a dedicated HOA ombudsman or HOA adjudication office, and they leave private covenant or corporate claims to the courts.[51][52][53][54][55][56][57]

Operational impact
What this means, by role
Property managersSeparate brokerage or real estate-license issues from association governance duties before referring a dispute to the Real Estate Commission.
HOA board membersConsumer complaint intake does not replace governing-document enforcement, board process, or civil litigation.
Community association attorneysForum selection should separate real estate-license issues, consumer protection complaints, and private covenant or corporate claims.
HomeownersThe Attorney General channel may accept consumer disputes involving North Dakota businesses, but it is not listed as an HOA appeal body.

Active Policy Debates

The 2025 session shows the policy debate moving through resale disclosure and board-governance proposals: SB 2229 became the operative seller-disclosure statute, while SB 2394 proposed a new association governance chapter and failed in the Senate.58,59 Based on those bills, the state-law issues most likely to recur are document production, transfer-fee disclosure, reserve-study representations, and whether board standards return in bill form.60,61

5. Closing note

HOA Weekly's North Dakota coverage will expand as new bills, Supreme Court opinions, temporary Court of Appeals assignments, and agency materials appear.62 Federal frameworks, including the FHA, ADA, FDCPA, SCRA, and FCC OTARD rule, also apply to North Dakota associations where their coverage requirements are met, with deeper federal coverage linked from /federal/ when that section is built.63,64,65,66,67

Footnotes

  1. North Dakota Legislative Branch, N.D. Cent. Code ch. 47-04.1, Condominium Ownership of Real Property ↩
  2. North Dakota Legislative Branch, North Dakota Century Code official index ↩
  3. North Dakota Legislative Branch, N.D. Cent. Code ch. 10-33, Nonprofit Corporations ↩
  4. North Dakota Legislative Branch, N.D. Cent. Code § 47-10-02.3, Required disclosures, Seller to provide ↩
  5. North Dakota Legislative Branch, N.D. Cent. Code ch. 27-02, Supreme Court ↩
  6. North Dakota Legislative Branch, N.D. Cent. Code ch. 27-02.1, Temporary Court of Appeals ↩
  7. North Dakota Real Estate Commission, About Us ↩
  8. North Dakota Legislative Branch, 2025 Regular Session, Signed by Governor, SB 2229 ↩
  9. North Dakota Senate Journal, 69th Legislative Assembly, 33rd Day, SB 2394 failed ↩
  10. North Dakota Court System, New Opinions, June 18, 2025, Carpenter v. Southbay Homeowners Association, 2025 ND 114 ↩
  11. North Dakota Court System, New Opinions, Sept. 28, 2023, Berger, et al. v. Sellers, et al., 2023 ND 171 ↩
  12. North Dakota Legislative Branch, N.D. Cent. Code ch. 47-10, Real Property Transfers ↩
  13. North Dakota Legislative Branch, N.D. Cent. Code ch. 47-04.1, Condominium Ownership of Real Property ↩
  14. North Dakota Legislative Branch, N.D. Cent. Code ch. 10-33, Nonprofit Corporations ↩
  15. North Dakota Legislative Branch, N.D. Cent. Code ch. 27-02, Supreme Court ↩
  16. North Dakota Legislative Branch, N.D. Cent. Code ch. 27-02.1, Temporary Court of Appeals ↩
  17. North Dakota Real Estate Commission, About Us ↩
  18. North Dakota Attorney General, Consumer Complaints ↩
  19. North Dakota Legislative Branch, 2025 Regular Session, Signed by Governor, SB 2229 ↩
  20. North Dakota Legislative Branch, N.D. Cent. Code § 47-10-02.3, Required disclosures, Seller to provide ↩
  21. North Dakota Legislative Branch, General Information, Effective Dates of Legislation ↩
  22. North Dakota Legislative Branch, N.D. Cent. Code § 47-10-02.3, Required disclosures, Seller to provide ↩
  23. North Dakota Legislative Branch, SB 2229, 25.0597.04000, enrolled bill text ↩
  24. North Dakota Legislative Branch, N.D. Cent. Code § 47-10-02.3, required disclosure categories ↩
  25. North Dakota Legislative Branch, N.D. Cent. Code § 47-10-02.3, ten-day document response requirement ↩
  26. North Dakota Legislative Branch, N.D. Cent. Code § 47-10-02.3, voidability and disclosure timing ↩
  27. North Dakota Legislative Branch, N.D. Cent. Code § 47-10-02.3, buyer liability limitation ↩
  28. North Dakota Legislative Branch, SB 2394, 25.1130.01000, introduced bill text ↩
  29. North Dakota Senate Journal, 69th Legislative Assembly, 33rd Day, SB 2394 vote and failure ↩
  30. North Dakota Senate Journal, 69th Legislative Assembly, 33rd Day, SB 2394 failed ↩
  31. North Dakota Senate Journal, 69th Legislative Assembly, 33rd Day, SB 2394 failed ↩
  32. North Dakota Legislative Branch, SB 2394, association community bylaws and board of directors ↩
  33. North Dakota Senate Journal, 69th Legislative Assembly, 33rd Day, SB 2394 failed ↩
  34. North Dakota Legislative Branch, N.D. Cent. Code ch. 10-33, Nonprofit Corporations ↩
  35. North Dakota Senate Journal, 69th Legislative Assembly, 33rd Day, SB 2394 failed ↩
  36. North Dakota Court System, New Opinions, June 18, 2025, Carpenter v. Southbay Homeowners Association, 2025 ND 114 ↩
  37. North Dakota Court System, New Opinions, June 18, 2025, Carpenter v. Southbay Homeowners Association, 2025 ND 114 ↩
  38. North Dakota Court System, New Opinions, June 18, 2025, Carpenter v. Southbay Homeowners Association, 2025 ND 114 ↩
  39. North Dakota Court System, New Opinions, June 18, 2025, Carpenter v. Southbay Homeowners Association, 2025 ND 114 ↩
  40. North Dakota Court System, New Opinions, June 18, 2025, Carpenter v. Southbay Homeowners Association, 2025 ND 114 ↩
  41. North Dakota Court System, New Opinions, June 18, 2025, Carpenter v. Southbay Homeowners Association, 2025 ND 114 ↩
  42. North Dakota Court System, New Opinions, Sept. 28, 2023, Berger, et al. v. Sellers, et al., 2023 ND 171 ↩
  43. North Dakota Court System, New Opinions, Sept. 28, 2023, Berger, et al. v. Sellers, et al., 2023 ND 171 ↩
  44. North Dakota Court System, New Opinions, Sept. 28, 2023, Berger, et al. v. Sellers, et al., 2023 ND 171 ↩
  45. North Dakota Court System, New Opinions, Sept. 28, 2023, Berger, et al. v. Sellers, et al., 2023 ND 171 ↩
  46. North Dakota Court System, New Opinions, Sept. 28, 2023, Berger, et al. v. Sellers, et al., 2023 ND 171 ↩
  47. North Dakota Court System, New Opinions, Sept. 28, 2023, Berger, et al. v. Sellers, et al., 2023 ND 171 ↩
  48. North Dakota Court System, New Opinions, Sept. 28, 2023, Berger, et al. v. Sellers, et al., 2023 ND 171 ↩
  49. North Dakota Real Estate Commission, About Us ↩
  50. North Dakota Attorney General, Consumer Complaints ↩
  51. North Dakota Real Estate Commission, About Us ↩
  52. North Dakota Attorney General, Consumer Complaints ↩
  53. North Dakota Real Estate Commission, About Us ↩
  54. North Dakota Attorney General, Consumer Complaints ↩
  55. North Dakota Real Estate Commission, About Us ↩
  56. North Dakota Attorney General, Consumer Complaints ↩
  57. North Dakota Attorney General, Consumer Complaints ↩
  58. North Dakota Legislative Branch, 2025 Regular Session, Signed by Governor, SB 2229 ↩
  59. North Dakota Senate Journal, 69th Legislative Assembly, 33rd Day, SB 2394 failed ↩
  60. North Dakota Legislative Branch, N.D. Cent. Code § 47-10-02.3, required association and condominium-project disclosures ↩
  61. North Dakota Legislative Branch, SB 2394, association community bylaws and board of directors ↩
  62. North Dakota Legislative Branch, 2025 Regular Session, Signed by Governor ↩
  63. U.S. Department of Justice, The Fair Housing Act ↩
  64. ADA.gov, Americans with Disabilities Act of 1990, as amended ↩
  65. Federal Trade Commission, Fair Debt Collection Practices Act ↩
  66. U.S. Department of Justice, Servicemembers and Veterans Initiative, Resources, SCRA materials ↩
  67. Federal Communications Commission, Over-the-Air Reception Devices Rule ↩
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