North Dakota HOA & Condominium Law

Default meeting notice for nonprofit corporations including HOAs and condominium associations. Notice must be given not less than 5 days and not more than 50 days before the meeting, unless articles or bylaws set a different minimum. Special meetings must state their purpose in the notice. Court-ordered meeting allowed if no meeting within 6 months after fiscal year-end or 15 months after last meeting.

Foundational definitions for North Dakota's condominium statute. Chapter 47-04.1 is a basic 16-section act covering creation, ownership, and liens. It does not address association governance, meeting requirements, board fiduciary duties, or resale disclosure. North Dakota has no separate planned community or HOA act; non-condo HOAs are governed by CC&Rs and the Nonprofit Corporations Act (Chapter 10-33).

Requires unit owners to provide for administration of the project. Bylaws must cover maintenance of common elements, assessment of expenses, payment of losses, and disposition of hazard insurance proceeds. Bylaws must be annexed to the declaration, recorded, and made available in writing to every owner. Prohibits basing common charges or bylaws on whether occupant is owner, tenant, or other person. Does not prescribe meeting notice requirements, board composition, or fiduciary duties — those default to the Nonprofit Corporations Act (Chapter 10-33).

Assessment for common expenses constitutes a debt of the unit owner. The lien attaches when the administrative body records a notice of assessment with the county recorder stating the amount and the record owner's name. There is no super-priority period — confirmed by Industrial Commission of North Dakota v. Gould, 2024 ND 32 (first impression). North Dakota is a judicial foreclosure state with no separate nonjudicial foreclosure procedure for assessment liens.

Owners cannot be prohibited from displaying political yard signs within 60 days before any primary, general, or special election. Reasonable restrictions on placement and manner of display are permitted.

After 30 days written notice to the lender's last known address, a lender that does not refuse or approve a proposed amendment to the declaration is deemed to have approved it. Does not apply to amendments affecting a lender's mortgage enforcement rights.

Owner applications for EV charging station installation must be approved or denied in writing. If not denied within 60 days, the application is deemed approved. Insurance certificate required within 14 days of approval. Civil penalty for willful violation up to $1,000.

Requires sellers of property subject to HOA or condominium rules to provide 15 specified disclosure items within 10 days of executing a purchase agreement. Required items include assessment amounts, unpaid assessments, approved special assessments, reserve and capital fund balances, reserve study status, operating and reserve budgets with year-to-date financial statement, insurance documents, pending litigation and unsatisfied judgments, uncured violations, transfer fees, assessment collection policy and remedies, leasing restrictions, amenities, and association contact information. Information must be current within 90 days. Buyer may void the contract within 5 days of receipt. Association must respond within 10 days of request. Applies to both HOAs and condominiums.