Records & TransparencySD
Getting Your HOA's Records in South Dakota
By The HOARebel Team · June 1, 2026 · 2 min read
When a South Dakota board won't explain where the money goes, the records usually hold the answer. South Dakota has no general HOA statute, and its Condominium Act is a developer-disclosure law that says nothing about owner records access — so the records right depends almost entirely on whether the association is incorporated. For your specific situation, a licensed South Dakota attorney is the right resource. This is general information, not legal advice.
The condominium statute is silent on records
The Condominium Act (SDCL ch. 43-15A) is largely about the sale of new condominium projects — notices of intent to sell, project inspection, public reports, and escrow. It does not give existing owners a general right to inspect the association's books. That isn't unusual for disclosure-focused condominium statutes, but it means the records framework South Dakota owners actually rely on comes from elsewhere.
For incorporated associations: the Nonprofit Corporation Act
Most South Dakota HOAs and condo associations are incorporated as nonprofits under the Nonprofit Corporation Act (SDCL ch. 47-22 to 47-28). That Act supplies the records right. Section 47-24-1 requires each corporation to "keep correct and complete books and records of account" and to "keep minutes of the proceedings of its members, board of directors, and committees," plus a record of members entitled to vote. Section 47-24-2 then provides that "[a]ll books and records of a corporation may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable time." For South Dakota, this is the principal records framework, alongside the bylaws.
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 master deed/declaration, 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 unpaid dues usually starts with the underlying documents.
For the recorded documents themselves
The recorded master deed or declaration is always available from the register of deeds for the county where the property sits. The bylaws, adopted rules, and fine schedule may or may not be recorded — those typically come from the association under the Nonprofit Corporation Act or the bylaws.
If records are withheld
For incorporated associations, the Nonprofit Corporation Act's inspection right is the lever. Owners commonly put requests in writing (keeping a dated copy), state a proper purpose tied to their membership, name the records specifically, and consult a licensed South Dakota attorney for an unresolved refusal.