Getting Your HOA's Records in North Dakota

When a North Dakota board won't explain where the money goes, the records usually hold the answer. North Dakota has no general HOA statute, so the records right depends largely on whether the association is incorporated — and, for condominiums, on the Condominium Ownership of Real Property Act's bylaw provisions. For your specific situation, a licensed North Dakota attorney is the right resource. This is general information, not legal advice.

Do North Dakota HOAs have to let owners see records?

Generally, only if the association is incorporated; North Dakota has no general HOA statute. For HOAs and condo associations incorporated under the Nonprofit Corporation Act, NDCC ch. 10-33, § 10-33-80 lets a member or director, or their agent or attorney, inspect all records for any proper purpose at any reasonable time.

Most North Dakota HOAs and condo associations are incorporated as nonprofits under the North Dakota Nonprofit Corporation Act (NDCC ch. 10-33). That Act gives members a concrete inspection right. Under § 10-33-80, "[a] member or a director, or the agent or attorney of a member or a director, may inspect all records ... for any proper purpose at any reasonable time," where a proper purpose is "one reasonably related to the interest of the person as a member or director." The Act also requires the corporation to keep, at its principal executive office, copies of its articles and bylaws, accounting records, and minutes of member and board meetings.

What records can a North Dakota condo owner get?

Under the condo law itself, only the bylaws, rules and regulations. NDCC ch. 47-04.1, § 47-04.1-07(3), requires all bylaws, rules and regulations adopted by the unit owners or administrative body to be reduced to writing and made available to every owner. A broader inspection right depends on the Nonprofit Corporation Act and applies only if the association is incorporated.

For condominiums, the Condominium Ownership of Real Property Act adds its own transparency rule. Section 47-04.1-07(3) requires that "[a]ll bylaws, rules, and regulations as adopted by the unit owners or administrative body of the project must be reduced to writing and made available to every owner of any interest in the project." That gives condo owners access to the governing documents independent of the entity law.

How long does a North Dakota HOA have to give a seller documents?

Ten days. Since August 1, 2025, NDCC § 47-10-02.3(5) has required the association, within ten days after a request by a seller or the seller's authorized representative, to furnish the required resale documents, and it may charge a reasonable fee. This is a seller's right, not a general inspection right, and applies whether or not the association is incorporated.

A 2025 law adds a separate, sale-specific route that reaches both HOAs and condominiums, whether or not the association is incorporated. Since August 1, 2025, NDCC § 47-10-02.3 has required a seller to give a prospective buyer a written package that includes the governing documents, "official minutes from the last two meetings of the association or condominium project," and "[t]he current operating and reserve budgets and year-to-date financial statement." Under § 47-10-02.3(5), the association, "within ten days after a request by a seller, or the seller's authorized representative, shall furnish the documents required under subsection 2," and it "may charge a reasonable fee." (If a requested document is unavailable, the association instead notifies the seller, except for the assessment, special-assessment, reserve-fund, and budget/financial-statement items, which must be furnished.) That right belongs to owners who are selling; it is not a general inspection right.

What owners commonly request

People reviewing the association's books often look at:

• The annual budget, reserves, and financial statements
• Bank statements and vendor contracts
• The declaration/master deed, bylaws, adopted rules, and any fine schedule
• Board and member meeting minutes and notices
• The current statement of any assessment against the lot or unit

Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.

For the recorded documents themselves

The recorded declaration or master deed is always available from the county recorder's office for the property. Amendments to a condominium's bylaws are also recorded with the declaration under NDCC § 47-04.1-07. The adopted rules and fine schedule may not be recorded — those typically come from the association under the Nonprofit Corporation Act or the bylaws.

If records are withheld

The Nonprofit Corporation Act makes inspection enforceable: § 10-33-80 provides that a member or director "who is wrongfully denied access to or copies of records ... may bring an action for injunctive relief, damages, and costs and reasonable attorney's fees." Owners commonly put requests in writing (keeping a dated copy), name the records specifically, and consult a licensed North Dakota attorney for an unresolved refusal.

Sources

• NDCC ch. 10-33 — North Dakota Nonprofit Corporation Act (see § 10-33-80)
• NDCC ch. 47-04.1 — Condominium Ownership of Real Property (see § 47-04.1-07)
• NDCC § 47-10-02.3 — Required disclosures - Seller to provide