When Is a North Dakota HOA Rule Unenforceable?

Not every rule a North Dakota board adopts is enforceable. Some collide with a statute; others exceed what the recorded documents actually authorize. Knowing the difference is the first step. For your specific situation, a licensed North Dakota attorney is the right resource. This is general information, not legal advice.

For the general framework that applies across states (where rule power comes from, adoption, reasonableness, and federal overrides), see When Is an HOA Rule Unenforceable?.

Can my North Dakota condo association ban political signs?

Only in part. For condominiums, NDCC ch. 47-04.1, § 47-04.1-14 provides that an owner or resident may not be prohibited from displaying a political yard sign on the owner's property within sixty days before any primary, general, or special election. The association may still adopt reasonable restrictions on placement and manner of display. The condominium act's protection doesn't reach non-condo HOAs.

North Dakota is one of the states that protects political signs by law. For condominiums, NDCC § 47-04.1-14 provides that "[n]otwithstanding any provision in a covenant, declaration, bylaw, or other rule of a project, an owner or resident may not be prohibited from displaying a political yard sign on the owner's property within sixty days before any primary, general, or special election." The association "may include reasonable restrictions regarding the placement and manner of display," but a flat ban during that window runs against the statute.

Can my North Dakota condo association ban EV chargers?

Not with a rule that effectively prohibits or unreasonably restricts one. For condominiums, NDCC ch. 47-04.1, § 47-04.1-16 voids such a provision for a charger in an owner's unit or designated parking space, while allowing reasonable restrictions. It sits in the condominium act, so it doesn't reach non-condo HOAs.

Under § 47-04.1-16(2), a covenant, restriction, or condition in a deed or similar instrument, "or any bylaw, that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within an owner's unit or in a designated parking space" is "void and unenforceable." The section does not apply to "a bylaw that imposes reasonable restrictions," which it defines as limits on the number, size, location, and manner of placement on the common or limited common area that do not significantly increase the charger's cost or decrease its efficiency (§ 47-04.1-16(1)(b)). Where approval is required, an application not denied in writing within sixty days is deemed approved (§ 47-04.1-16(3)).

Can my HOA ban solar panels in North Dakota?

It depends on the declaration and the board's authority. North Dakota has no statute voiding a covenant or HOA rule that bans solar collectors or solar panels, and the condominium chapter, NDCC ch. 47-04.1, contains no solar-rights provision. An owner facing a solar restriction generally falls back on what the declaration says.

It is worth knowing what North Dakota's law does not cover. Unlike many states, North Dakota has no statute voiding a covenant or HOA rule that bans solar collectors or solar panels — chapter 47-04.1 contains no solar-rights provision. So a North Dakota owner facing a solar restriction generally cannot point to a state "solar rights" law the way an owner in some other states can; the analysis falls back on what the declaration says and whether the board acted within its authority. A licensed North Dakota attorney can confirm the current state of the law for a specific situation.

Rules can't exceed the declaration

A board's rule-making power is not unlimited — it flows from, and is capped by, the recorded declaration and bylaws. North Dakota's condominium Act ties enforcement to those documents: § 47-04.1-08 requires owners to comply with "the bylaws and ... the administrative rules and regulations adopted pursuant thereto" and with "the covenants, conditions, and restrictions set forth in the declarations." A rule that contradicts the declaration, or that the documents never authorized the board to adopt, is the kind of rule owners commonly challenge as beyond the board's power.

Rules adopted without proper authority or procedure

Section 47-04.1-07 requires that bylaws be recorded with the declaration and that "[a]ll bylaws, rules, and regulations ... be reduced to writing and made available to every owner." A rule that was never properly adopted, recorded where required, or shared with owners may be vulnerable for those reasons.

Federal law overrides conflicting rules

Federal protections sit above any HOA rule:

• The Fair Housing Act — reasonable accommodations for disabilities (including assistance animals) and protection against discrimination based on familial status and other protected classes
• The Freedom to Display the American Flag Act — protects displaying the U.S. flag
• OTARD (FCC) — limits on banning satellite dishes and antennas
• The Servicemembers Civil Relief Act — protections for active-duty military

What owners in North Dakota generally do

People who think a rule is unenforceable tend to compare the rule against the declaration and the statutes above, request the records showing how and when the rule was adopted, raise the conflict in writing, and consult a licensed North Dakota attorney — particularly where a federal statute or a protected category is involved.

Sources

• NDCC ch. 47-04.1 — Condominium Ownership of Real Property (see §§ 47-04.1-07, 47-04.1-08, 47-04.1-14, 47-04.1-16)
• NDCC ch. 10-33 — North Dakota Nonprofit Corporation Act