South Dakota HOA Director Qualifications
South Dakota HOA Director Qualifications
Section 1: Overview — Who can serve on a condominium or HOA board in South Dakota
Start with the basics. In South Dakota, an association's governing documents set director qualifications — backed up by the South Dakota Nonprofit Corporation Act — not a detailed statutory eligibility code. Take the state's condominium statute, the South Dakota Condominium Law (S.D. Codified Laws §§ 43-15A-1 et seq.). It says little about who may serve as a director, and what detail it carries lands on developer filings and purchaser protection at the offering stage, not on board-service rules.1
Planned-community homeowners associations that are not condominiums get no comprehensive South Dakota statute at all.2 So here is the result: no South Dakota statute requires a director certification, mandates education, caps terms, or automatically disqualifies a delinquent owner or someone with a criminal history.
Most associations organize as nonprofit corporations, so director qualifications rest on the recorded governing documents read together with the South Dakota Nonprofit Corporation Act (S.D. Codified Laws §§ 47-22-1 et seq.).3 That puts South Dakota among the light-touch states, well apart from heavy-touch states such as Florida and California, which legislate director certification, term limits, and automatic disqualification in detail. The sections that follow show where the qualification rules come from, what each operative rule is and which layer supplies it, and what recent legislative and judicial activity — if any — has changed.
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- Section 2: Where director qualifications come from
- Section 3: Director eligibility, disqualification, and tenure rules
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Footnotes
- S.D. Codified Laws ch. 43-15A (Condominiums) ↩
- S.D. Codified Laws § 43-4-44.1 (homeowners association seller disclosure) ↩
- S.D. Codified Laws ch. 47-23 (Nonprofit Corporations--Members, Directors, Officers and Agents); see also ch. 47-24 (Records) ↩
- S.D. Codified Laws §§ 43-15A-3, 43-15A-4 (establishment by recording master deed or lease) ↩
- S.D. Codified Laws § 43-15A-10 (notice of intent to sell; contract voidable) ↩
- S.D. Codified Laws § 43-15A-17 (Commission report required before offer or reservations) ↩
- S.D. Codified Laws § 43-15A-19 (copy of report to purchaser before binding contract; time to read) ↩
- S.D. Codified Laws § 43-15A-26 (investigation of developer; examination of books) ↩
- S.D. Codified Laws § 43-4-44.1 (additional disclosure for residential property under a homeowners association) ↩
- SDCL 47-24-13.1, South Dakota Legislature (grounds for administrative dissolution of a nonprofit corporation) ↩
- SDCL 47-24-13.2, South Dakota Legislature (administratively dissolved corporation may carry on only winding-up business) ↩
- S.D. Codified Laws § 47-23-13 (board of directors; qualifications of directors) ↩
- S.D. Codified Laws § 47-23-14 (number of directors not fewer than three; fixed by bylaws) ↩
- S.D. Codified Laws §§ 47-23-16, 47-23-17 (term of office; classes of directors) ↩
- S.D. Codified Laws § 47-23-18 (removal of directors) ↩
- S.D. Codified Laws § 47-23-19 (vacancy on board of directors) ↩
- S.D. Codified Laws §§ 43-15A-1(2), 43-15A-6 (co-owner definition; joint or common ownership) ↩
- S.D. Codified Laws § 43-15A-24 (management or recreation facility contract period limited; subsequent contracts by council of co-owners) ↩
- S.D. Codified Laws § 47-23-2.1 (liability of uncompensated director, trustee, committee member, or officer) ↩
- South Dakota Unified Judicial System, Court Structure (two-level system: Supreme Court and circuit courts) ↩
- South Dakota Attorney General, Official Opinions index (2024–2026) ↩
- Hood v. Straatmeyer, 2025 S.D. 12 (S.D. Mar. 5, 2025) ↩
- FinCEN, Beneficial Ownership Information Reporting Requirement Revision and Deadline Extension, interim final rule, 90 Fed. Reg. 13697 (Mar. 26, 2025) (domestic entities, including incorporated associations, exempt from BOI filing); see also H.R. 425, Repealing Big Brother Overreach Act, 119th Cong. (pending repeal of the Corporate Transparency Act) ↩
- FinCEN, Beneficial Ownership Information Reporting Requirement Revision, final rule, 91 FR 52508 (Aug. 14, 2026) ↩
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