South Dakota HOA Collections & Liens
South Dakota · Collections & Liens
South Dakota HOA Collections & Liens
South Dakota HOA Collections & Liens at a glance
| Field | South Dakota |
|---|---|
| Governing collections statute(s) | Condominium Act, SDCL ch. 43-15A (contains no assessment-lien section)1; foreclosure under SDCL Title 21 (ch. 21-47 judicial; ch. 21-48 by advertisement)2; planned communities via recorded covenants plus the Nonprofit Corporation Act, SDCL ch. 47-22 et seq.3 |
| Lien arises | Not specified by statute (no statutory assessment lien); for condominiums and planned communities alike, the lien exists only as the recorded declaration or covenants provide (contractual), typically on recording a claim of lien4 |
| Super-priority over first mortgage | No4 |
| Lien priority (general rule) | Not set by statute; a contractual association lien takes priority by recording date and is subordinate to earlier-recorded mortgages and to real-property tax liens3 |
| Minimum debt before foreclosure | None set by statute2 |
| Minimum delinquency duration before foreclosure | None set by statute2 |
| Foreclosure type | Either, by election (judicial under ch. 21-47; nonjudicial by advertisement under ch. 21-48 only where the instrument contains a power of sale)2 |
| Pre-lien notice required | No (none by statute; governed by the declaration or covenants)4 |
| Pre-foreclosure notice required | Yes, 21 days (notice of sale in a foreclosure by advertisement, SDCL 21-48-6.1)5 |
| Mandatory payment-plan offer | No4 |
| Board vote required to foreclose | Not specified by statute (governed by the declaration or bylaws)3 |
| Redemption period after sale | One year (SDCL 21-52-11); 180 days for a short-term redemption mortgage; 60 days on abandonment6 |
| Recoverable in the lien | Not set by statute; limited to amounts the declaration or covenants authorize, commonly unpaid assessments, interest, late charges, collection costs, and attorney fees7 |
| Fines foreclosable | Not specified by statute (depends on whether the declaration makes a fine a secured charge)3 |
| Applies to | Both: condominiums (SDCL ch. 43-15A) and planned communities (recorded covenants plus SDCL Title 47), with no statutory assessment lien for either1 |
Source: SDCL ch. 43-15A; SDCL Title 21, ch. 21-47, 21-48, 21-49, 21-52; SDCL ch. 47-22. Last verified: June 10, 2026.
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Footnotes
- S.D. Codified Laws ch. 43-15A (Condominiums) ↩
- S.D. Codified Laws §§ 21-48-1, -3 (foreclosure by advertisement requires a power of sale and a default in a condition of the instrument) ↩
- S.D. Codified Laws ch. 47-22 (South Dakota Nonprofit Corporation Act) ↩
- S.D. Codified Laws § 43-15A-29 (lien for erection, alteration, repair, or improvement of a unit; the only lien provision in ch. 43-15A) ↩
- S.D. Codified Laws §§ 21-48-6 (four-week publication), 21-48-6.1 (21-day written notice of foreclosure sale) ↩
- S.D. Codified Laws § 21-52-11 (one-year redemption period for all persons entitled to redeem) ↩
- Eagle Ridge Estates Homeowners Ass'n v. Anderson, 2010 S.D. 1, 777 N.W.2d 369 (S.D. 2010) ↩
- S.D. Codified Laws ch. 43-15B (Time-Share Estates; not a planned-community act) ↩
- S.D. Codified Laws § 43-15A-3 (establishment of a condominium project by recording a master deed or lease) ↩
- SDCL 10-25-12, South Dakota Legislature (liens surviving a tax deed, as amended SL 2025, ch 49) ↩
- S.D. Codified Laws § 15-2-13 (six-year limitation on actions upon a contract, obligation, or liability, express or implied) ↩
- 15 U.S.C. § 1692a(6) (defining "debt collector"); § 1692a(6)(F)(iii) (excluding one who obtained the account before it was in default) ↩
- 11 U.S.C. § 523(a)(16) (post-petition condominium/HOA assessments non-dischargeable while the debtor or trustee retains an ownership interest); 11 U.S.C. § 362(a) (automatic stay) ↩
- S.D. Codified Laws ch. 21-47 (actions to foreclose mortgages on real property) ↩
- S.D. Codified Laws § 21-48-9 (mortgagor may require foreclosure to proceed judicially) ↩
- S.D. Codified Laws §§ 21-49-13, -38 (60-day reduction in redemption period on abandonment of the property) ↩
- S.D. Codified Laws § 21-52-13 (extension of redemption period by a redemptioner paying amounts then due) ↩
- S.D. Codified Laws §§ 21-47-16 (execution for deficiency in judicial foreclosure), 21-48-14 (deficiency in advertisement foreclosure limited to debt minus fair market value) ↩
- SDCL 43-45-3, South Dakota Legislature (homestead sale-proceeds exemption, as amended SL 2025, ch 185, § 1) ↩
- S.D. Codified Laws § 21-47-18 (application of proceeds of sale; investment of unclaimed surplus) ↩
- S.D. Codified Laws §§ 21-47-8, -10 (dismissal or stay of judicial foreclosure on payment of installments then due) ↩
- S.D. Codified Laws § 11-5-11 (two-thirds vote required to modify a restrictive covenant where the instrument is silent on amendment), enacted by 2024 S.D. Sess. Laws HB 1240 (signed Mar. 26, 2024; effective July 1, 2024) ↩
- Hood v. Straatmeyer, 2025 S.D. 12 (S.D. Mar. 5, 2025) ↩
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