North Dakota

North Dakota HOA Laws: Statutes, Rules & Board Duties

What North Dakota statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Primary statute: Condominium Ownership of Real Property, N.D.C.C. ch. 47-04.1 (no comprehensive HOA statute)

Applies to: Community associations in North Dakota

⚠️ Informational summary only — not legal advice. Laws change and facts matter. Confirm current requirements with the statute and a licensed North Dakota attorney before acting.

Governing statutes

Condominium Ownership of Real Property, N.D.C.C. ch. 47-04.1 is the only property-specific association statute; it governs condominiums (an estate consisting of an undivided interest in common areas plus a separate interest in a unit) once a declaration is recorded (N.D.C.C. §§ 47-04.1-01, 47-04.1-02).
North Dakota has NO comprehensive HOA / common-interest-community act (it has not adopted UCIOA). Non-condominium HOAs and planned communities are not covered by ch. 47-04.1 — they run on their recorded declaration/covenants plus, if incorporated, the ND Nonprofit Corporation Act, N.D.C.C. Title 10, ch. 10-33 (https://ndlegis.gov/cencode/t10c33.pdf).
The condominium statute is skeletal (16 sections): administration, bylaws, meetings, and voting are delegated to the recorded declaration and bylaws, a true copy of which must be annexed to the declaration and filed with the county recorder (N.D.C.C. § 47-04.1-07).
Where the documents conflict with the statute, the statute controls; each unit owner must comply strictly with the bylaws, rules, and recorded covenants (N.D.C.C. § 47-04.1-08). Sources: https://ndlegis.gov/cencode/t47c04-1.pdf ; https://law.justia.com/codes/north-dakota/title-47/chapter-47-04-1/

Meetings & notice

Gap: ch. 47-04.1 imposes no open-meeting, notice, agenda, or minutes requirement on a condo board — meeting and voting procedures are set entirely by the recorded bylaws, which must be reduced to writing and made available to every owner (N.D.C.C. § 47-04.1-07). There is no North Dakota statutory equivalent to California's Open Meeting Act.
For an incorporated association, the Nonprofit Corporation Act supplies defaults: a corporation with voting members must hold a regular members' meeting annually (N.D.C.C. § 10-33-65), and special meetings may be called by authorized persons (N.D.C.C. § 10-33-66).
Notice of a members' meeting is generally at least 5 days where no longer period is fixed (N.D.C.C. § 10-33-68). (verify — section number and day count derived from secondary summaries, not the primary text.)
Default quorum for a members' meeting is 10% of the members entitled to vote, subject to the bylaws (N.D.C.C. § 10-33-76). (verify — section number not confirmed against primary text.)
Gap: no statute requires HOA or condo board meetings to be open to members or that minutes be published; those matters are governed solely by the bylaws. Sources: https://codes.findlaw.com/nd/title-10-corporations/nd-cent-code-sect-10-33-65/ ; https://ndlegis.gov/cencode/t10c33.pdf

Fines & enforcement

Gap: North Dakota has no statute authorizing, regulating, or capping HOA/condo fines. Authority to fine, any hearing/due-process steps, cure periods, and dollar amounts derive entirely from the recorded declaration and bylaws — there is no equivalent to California's $100 fine cap or mandatory hearing notice. (verify a specific community's governing documents.)
The condominium act's enforcement lever is judicial: failure to comply with the bylaws, rules, covenants, conditions, and restrictions is grounds for an action to recover damages, for injunctive relief, or such other relief as a court may provide, brought by the administrative body or, in a proper case, by an aggrieved unit owner (N.D.C.C. § 47-04.1-08).
Because fines are document-driven, the enforceability of any penalty turns on whether the recorded documents authorize it and on general contract/servitude principles, not on a fining statute. Source: https://ndlegis.gov/cencode/t47c04-1.pdf

Assessments, liens & foreclosure

A reasonable common-expense assessment made by the administrative body in accordance with the recorded declaration and bylaws is a personal debt of the owner at the time the assessment is made (N.D.C.C. § 47-04.1-11).
The assessment plus other charges (interest, costs, and penalties as provided in the declaration/bylaws) becomes a lien on the unit when the administrative body records a notice of assessment with the county recorder; the notice must state the amount and other charges and the name of the record owner and be signed by an authorized representative (N.D.C.C. § 47-04.1-11).
On payment or other satisfaction, the administrative body must record a notice of satisfaction and release of the lien (N.D.C.C. § 47-04.1-11).
If a lien attaches to two or more units, an owner may remove that owner's unit from the lien by paying the fractional/proportional amount attributable to it (computed from the declaration's percentages); partial payment does not bar the lienor from proceeding against the remaining units (N.D.C.C. §§ 47-04.1-11, 47-04.1-12).
Gap: the statute prescribes no foreclosure procedure, no dollar/time threshold to foreclose, no pre-lien notice, and no redemption period (contrast California's $1,800 / 12-month threshold and 90-day redemption). Foreclosure would proceed under general lien law, and North Dakota is not a super-lien state, so a first mortgage generally has priority over the association lien. (verify priority/foreclosure mechanics with counsel.) Sources: https://ndlegis.gov/cencode/t47c04-1.pdf ; https://www.axela-tech.com/local/north-dakota-hoa-collections/

Records access

Gap: ch. 47-04.1 contains no owner records-inspection right for condos. Its only transparency requirement is that all bylaws, rules, and regulations be reduced to writing and made available to every owner (N.D.C.C. § 47-04.1-07(3)), and that the declaration and bylaws be recorded (public record) (N.D.C.C. §§ 47-04.1-02, 47-04.1-03).
For an incorporated association, the Nonprofit Corporation Act requires the corporation to keep at its principal executive office correct and complete copies of its articles and bylaws, accounting records, voting agreements, and minutes of member, board, and committee meetings for the last six years (N.D.C.C. § 10-33-80).
A member or director (or that person's agent or attorney) may inspect all records for any proper purpose at any reasonable time, a proper purpose being one reasonably related to the person's interest as a member or director (N.D.C.C. § 10-33-80).
Gap: no statutory response deadline or copying-cost cap like California's 10-business-day/$200 limits; those are left to the association. Sources: https://codes.findlaw.com/nd/title-10-corporations/nd-cent-code-sect-10-33-80/ ; https://ndlegis.gov/cencode/t47c04-1.pdf

Reserves & budgets

Gap: North Dakota has no statutory reserve-study, reserve-funding, or annual-budget-distribution requirement for condominiums or HOAs (contrast California's 3-year reserve study and 30–90-day budget report).
The only related requirement is that the bylaws provide for maintenance of common elements, assessment of expenses, payment of losses, division of profits, and disposition of hazard-insurance proceeds (N.D.C.C. § 47-04.1-07(1)); the level of budgeting and reserves is left to the documents.
Gap: there is no exterior/elevated-element (balcony/deck) inspection mandate comparable to California's SB 326. Source: https://ndlegis.gov/cencode/t47c04-1.pdf

Architectural control

Gap: no North Dakota statute governs architectural review, approval procedures, standards, or decision timelines. Authority derives from the recorded declaration of restrictions and the bylaws.
Before conveying any condominium, the project owner must record a declaration of restrictions, which is enforceable as equitable servitudes where reasonable and binds all owners; the servitudes may be enforced by any legal or equitable owner unless otherwise provided (N.D.C.C. § 47-04.1-04).
Each condominium owner retains the exclusive right to paint, repaint, tile, wax, paper, refinish, and decorate the inner surfaces of the walls, ceilings, floors, windows, and doors bounding that owner's own unit (N.D.C.C. § 47-04.1-06(4)).
Any approval timeline or process claimed by a community comes from its own documents, not statute. (verify against the specific declaration/bylaws.) Source: https://ndlegis.gov/cencode/t47c04-1.pdf

Protected activities (what an HOA generally cannot prohibit)

Political signs: notwithstanding any covenant, declaration, bylaw, or rule, an owner or resident may not be prohibited from displaying a political yard sign on the owner's property within 60 days before any primary, general, or special election; only reasonable placement/manner restrictions are allowed (N.D.C.C. § 47-04.1-14).
Electric-vehicle charging stations: any covenant or bylaw that effectively prohibits or unreasonably restricts installation or use of an EV charging station in an owner's unit, deeded/designated parking space, or limited common area is void and unenforceable; approval must be processed, cannot be willfully delayed, and is deemed approved if not denied in writing within 60 days; an administrative body that willfully violates the section is liable for actual damages plus a civil penalty up to $1,000 (N.D.C.C. § 47-04.1-16).
Solar — gap: North Dakota has no statute barring HOA covenant restrictions on solar panels. The state's solar-easement law lets owners create voluntary written easements for sun access (N.D.C.C. § 47-05-01.1) but does not override an HOA's restrictive covenants. (verify solar-easement section number.)
Gap: unlike California, there is no statutory protection for the U.S. flag, clotheslines, drought-tolerant/native landscaping, accessory dwelling units, or religious door displays; those remain subject to the governing documents. Sources: https://ndlegis.gov/cencode/t47c04-1.pdf ; https://palmetto.com/policy/solar-access-laws-by-state

Fair housing & assistance animals

The North Dakota Human Rights Act, N.D.C.C. ch. 14-02.4, together with the federal Fair Housing Act, prohibits housing discrimination, including on the basis of disability (a physical or mental impairment that substantially limits a major life activity) (N.D.C.C. § 14-02.4-02). (verify the specific housing-discrimination subsection.)
Associations and housing providers must make reasonable accommodations, including allowing service and assistance/emotional-support animals notwithstanding a no-pets, breed, or size rule when the animal is needed for a person's disability.
A housing provider may request reliable documentation of the disability and the disability-related need for the animal where the need is not apparent or already known; complaints go to the North Dakota Department of Labor and Human Rights (generally within one year of the alleged act). (verify filing deadline.) Sources: https://ndlegis.gov/cencode/t14c02-4.pdf ; https://www.nolo.com/legal-encyclopedia/north-dakota-laws-on-service-dogs-and-emotional-support-animals.html

Required disclosures

Gap: North Dakota has no statutory resale/transfer disclosure-package requirement for condominiums or HOAs (contrast California's §§ 4525–4530 package).
Transparency comes from recording: the declaration and bylaws are recorded public records (N.D.C.C. §§ 47-04.1-02, 47-04.1-03), and the association must record the name of the person/agent responsible for administrative duties and service of process (N.D.C.C. § 47-04.1-07(4)).
The EV-charging section requires an owner installing a station to disclose to prospective buyers the existence of the charging station and the related owner responsibilities (N.D.C.C. § 47-04.1-16). Source: https://ndlegis.gov/cencode/t47c04-1.pdf

Dispute resolution

Gap: North Dakota has no statutory internal (IDR) or alternative (ADR) dispute-resolution requirement for HOAs or condominiums (contrast California's mandatory meet-and-confer and pre-litigation ADR). Disputes are resolved per the bylaws or by court action.
The condominium act authorizes court actions for damages, injunctive relief, or other relief for non-compliance, by the administrative body or an aggrieved owner (N.D.C.C. § 47-04.1-08).
Fair-housing disputes may be taken to the ND Department of Labor and Human Rights or HUD rather than through any HOA-specific process. Sources: https://ndlegis.gov/cencode/t47c04-1.pdf ; https://ndlegis.gov/cencode/t14c02-4.pdf

Recent changes (2023–2026)

EV charging station protection (N.D.C.C. § 47-04.1-16) was added to the condominium act, barring covenants that unreasonably restrict charging stations and adding an approval process and civil penalty. (verify enactment year.)
Political-sign protection (N.D.C.C. § 47-04.1-14) and lender-approval-of-amendment (N.D.C.C. § 47-04.1-15) are also comparatively recent additions to ch. 47-04.1. (verify enactment years.)
North Dakota has not enacted a comprehensive HOA act or adopted UCIOA, and no 2023–2026 reforms added fine caps, reserve studies, records-response deadlines, or dispute-resolution mandates comparable to other states; the regime remains minimal and document-driven as of this research date. (verify no pending 2025–2026 legislation.) Source: https://ndlegis.gov/cencode/t47c04-1.pdf

Sources

Condominium Ownership of Real Property, N.D.C.C. ch. 47-04.1 — official text (PDF) https://ndlegis.gov/cencode/t47c04-1.pdf ; HTML https://ndlegis.gov/cencode/t47c04-1.html ; Title 47 index https://ndlegis.gov/cencode/t47.html
Justia annotated ch. 47-04.1 (2024) — https://law.justia.com/codes/north-dakota/title-47/chapter-47-04-1/
Nonprofit Corporation Act, N.D.C.C. ch. 10-33 — official text (PDF) https://ndlegis.gov/cencode/t10c33.pdf ; HTML https://ndlegis.gov/cencode/t10c33.html
FindLaw N.D.C.C. § 10-33-80 (records/6-year retention/inspection) — https://codes.findlaw.com/nd/title-10-corporations/nd-cent-code-sect-10-33-80/ ; § 10-33-65 (annual meeting) — https://codes.findlaw.com/nd/title-10-corporations/nd-cent-code-sect-10-33-65/ ; § 10-33-70 (members list) — https://codes.findlaw.com/nd/title-10-corporations/nd-cent-code-sect-10-33-70/
North Dakota Human Rights Act, N.D.C.C. ch. 14-02.4 (PDF) — https://ndlegis.gov/cencode/t14c02-4.pdf
Assistance/service/ESA housing rights — Nolo https://www.nolo.com/legal-encyclopedia/north-dakota-laws-on-service-dogs-and-emotional-support-animals.html ; ND P&A fact sheet https://www.ndpanda.org/sites/www/files/documents/Housing%20Rights%20Service,%20Assistance,%20&%20Emotional%20Support%20Animals%20Factsheet.pdf
Solar access / no HOA-override — Palmetto solar-access-by-state https://palmetto.com/policy/solar-access-laws-by-state
HOA collections / not a super-lien state — Axela Technologies https://www.axela-tech.com/local/north-dakota-hoa-collections/
Overview / no comprehensive HOA statute — Homeowners Protection Bureau https://www.hopb.co/north-dakota

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Frequently asked questions

What laws govern HOAs in North Dakota?

Condominium Ownership of Real Property, N.D.C.C. ch. 47-04.1 is the only property-specific association statute; it governs condominiums (an estate consisting of an undivided interest in common areas plus a separate interest in a unit) once a declaration is recorded (N.D.C.C. §§ 47-04.1-01, 47-04.1-02). - North Dakota has NO comprehensive HOA / common-interest-community act (it has not adopted UCIOA). Non-condominium HOAs and planned communities are not covered by ch.

Can a North Dakota HOA fine a homeowner, and what process is required?

Gap: North Dakota has no statute authorizing, regulating, or capping HOA/condo fines. Authority to fine, any hearing/due-process steps, cure periods, and dollar amounts derive entirely from the recorded declaration and bylaws — there is no equivalent to California's $100 fine cap or mandatory hearing notice.

What are the board meeting and notice rules for North Dakota HOAs?

Gap: ch. 47-04.1 imposes no open-meeting, notice, agenda, or minutes requirement on a condo board — meeting and voting procedures are set entirely by the recorded bylaws, which must be reduced to writing and made available to every owner (N.D.C.C. § 47-04.1-07). There is no North Dakota statutory equivalent to California's Open Meeting Act.

What HOA records can North Dakota homeowners inspect?

Gap: ch. 47-04.1 contains no owner records-inspection right for condos. Its only transparency requirement is that all bylaws, rules, and regulations be reduced to writing and made available to every owner (N.D.C.C. § 47-04.1-07(3)), and that the declaration and bylaws be recorded (public record) (N.D.C.C. §§ 47-04.1-02, 47-04.1-03).

When can a North Dakota HOA place a lien or foreclose over unpaid assessments?

A reasonable common-expense assessment made by the administrative body in accordance with the recorded declaration and bylaws is a personal debt of the owner at the time the assessment is made (N.D.C.C. § 47-04.1-11). - The assessment plus other charges (interest, costs, and penalties as provided in the declaration/bylaws) becomes a lien on the unit when the administrative body records a notice of assessment with the county recorder; the notice must state the amount and…

Does HOA software make a North Dakota board automatically compliant?

No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.