Which North Dakota Laws Govern Your HOA or Condo?

Before you can hold a North Dakota association to the law, it helps to know which law applies — and the answer turns almost entirely on whether you live in a condominium. For your specific situation, a licensed North Dakota attorney is the right resource. This is general information, not legal advice.

Condominiums: the Condominium Ownership of Real Property Act (NDCC ch. 47-04.1)

If you own a condominium, North Dakota gives you a real statute. The Condominium Ownership of Real Property Act, NDCC ch. 47-04.1, defines a condominium as "an estate in real property consisting of an undivided interest or interests in common in a portion of a parcel of real property together with a separate interest or interests in space in a structure" (§ 47-04.1-01). The Act covers how a project is created and recorded (§§ 47-04.1-02 to 47-04.1-03), how it is administered through bylaws (§ 47-04.1-07), owner compliance and enforcement (§ 47-04.1-08), a recorded assessment lien for common expenses (§ 47-04.1-11), and even political-sign (§ 47-04.1-14) and electric-vehicle-charging (§ 47-04.1-16) rights.

Subdivisions: no general HOA statute

A traditional subdivision HOA — where you own your house and lot — is generally not a condominium and is not governed by ch. 47-04.1. North Dakota has no comprehensive homeowners-association statute. For those communities, the framework comes from:

• The recorded declaration, bylaws, and rules
• The North Dakota Nonprofit Corporation Act (NDCC ch. 10-33), if the association is incorporated as a nonprofit
• General North Dakota contract and property law

The entity layer (NDCC ch. 10-33)

Most North Dakota associations — condo or HOA — are incorporated as nonprofits under the Nonprofit Corporation Act. That layer supplies enforceable member rights that the condominium Act leaves thin. On records, § 10-33-80 provides that "[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," and the Act governs member and board meetings, voting, and board fiduciary duties.

How the layers fit together

1. The governing documents — the recorded declaration/master deed, bylaws, and rules. These are the starting point for every dispute.
2. The condominium statute — NDCC ch. 47-04.1 for condominiums. Non-condo HOAs have no equivalent.
3. The entity law — the Nonprofit Corporation Act (NDCC ch. 10-33), if incorporated.
4. Federal law — the Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.

Because the right combination depends on whether you're a condo and how the association is organized, a licensed North Dakota attorney is the foundation for any specific question — from records to fines to the assessment lien.

Sources

• NDCC ch. 47-04.1 — Condominium Ownership of Real Property
• NDCC ch. 10-33 — North Dakota Nonprofit Corporation Act