In North Dakota, there is no single statute called "the HOA Act." North Dakota has a real Condominium Ownership of Real Property Act that governs condominiums in some detail, but no comprehensive statute for traditional homeowners associations. The first questions are whether your community is a condominium and whether the association is incorporated as a nonprofit. For your specific situation, a licensed North Dakota attorney is the right resource. This is general information, not legal advice.
The full North Dakota stack typically includes:
- Condominium Ownership of Real Property Act, NDCC ch. 47-04.1 — North Dakota's condominium statute. Unlike the bare-bones condominium chapters in some states, it addresses how a project is created and recorded, how the association is administered through bylaws, owner compliance, a recorded assessment lien for common expenses, and even political-sign and EV-charging rights. It applies to condominiums, not to ordinary house-and-lot subdivisions.
- North Dakota Nonprofit Corporation Act, NDCC ch. 10-33 — the entity law for HOAs and condo associations incorporated as nonprofits. It supplies member meeting and records-inspection rights and board fiduciary duties. For non-condo HOAs, this layer plus the declaration does most of the work.
- The recorded governing documents — the declaration, bylaws, and rules. Because there is no general HOA act, these are central for any planned community.
- Federal law — the Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.
Condominiums have a real statute; subdivisions do not
If you own a condominium, NDCC ch. 47-04.1 governs the basics. The statute 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). A traditional subdivision HOA — where you own your house and lot outright — is generally not a condominium and is not governed by ch. 47-04.1 at all. Those communities rely on the recorded declaration and, if incorporated, the Nonprofit Corporation Act. See Which North Dakota Laws Govern Your HOA or Condo?.
Administration runs through the bylaws
For condominiums, § 47-04.1-07 requires the unit owners or the administrative body to "provide by bylaws for the maintenance of common elements ... assessment of expenses, payment of losses, division of profits," and similar matters, and it requires that "[a]ll bylaws, rules, and regulations as adopted ... be reduced to writing and made available to every owner of any interest in the project." Section 47-04.1-08 then requires each owner to "comply strictly with the bylaws" and the recorded covenants, and makes a failure to comply "grounds for an action to recover sums due for damages, injunctive relief or such other relief as a court of proper jurisdiction may provide."
The condominium assessment lien is statutory
Unlike many sparse condominium acts, North Dakota's gives condo associations a real, recorded assessment lien. Under § 47-04.1-11, a reasonable assessment "shall be and become a lien upon the condominium assessed when the administrative body causes such assessment to be recorded in the office of the recorder for the county in which such condominium is located." The lien depends on a recorded notice of assessment that "state[s] the amount of such assessment and other charges and the name of the record owner." For non-condo HOAs, any lien is contractual — it comes from the declaration. See Can a North Dakota HOA Foreclose Over Dues?.
Records and meetings
For condominiums, the bylaws and rules must be "made available to every owner" under § 47-04.1-07(3). For incorporated associations of any kind, the Nonprofit Corporation Act adds enforceable member rights: § 10-33-80 lets "[a] member or a director, or the agent or attorney of a member or a director, ... inspect all records ... for any proper purpose at any reasonable time," and the Act governs member and board meetings. Separately, since August 1, 2025, NDCC § 47-10-02.3(5) requires an HOA or condominium association, "within ten days after a request by a seller, or the seller's authorized representative," to "furnish the documents required under subsection 2" — a resale package that includes the governing documents, recent minutes, budgets, and a year-to-date financial statement. See Getting Your HOA's Records in North Dakota and Attending HOA Meetings in North Dakota.
Political signs are protected
North Dakota is one of the states that protects political yard signs by statute. Under § 47-04.1-14, "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," though the association "may include reasonable restrictions regarding the placement and manner of display." See When Is a North Dakota HOA Rule Unenforceable?.
Frequently asked questions
Does North Dakota have a general HOA statute?
No. North Dakota has a Condominium Ownership of Real Property Act (NDCC ch. 47-04.1) that governs condominiums, but no comprehensive statute for traditional (non-condo) homeowners associations. Those communities are governed by the recorded declaration, the North Dakota Nonprofit Corporation Act (NDCC ch. 10-33) if incorporated, and general North Dakota law.
Can a North Dakota condo association put a lien on my unit for unpaid dues?
Yes. NDCC § 47-04.1-11 gives a condominium association a lien for a reasonable assessment of common expenses once it records a notice of assessment with the county recorder. For non-condo HOAs, any assessment lien comes from the recorded declaration rather than this statute.
Is there a cap on HOA fines in North Dakota?
No. North Dakota has no statute setting a fine schedule, cap, or required hearing procedure. Fine authority comes from the declaration and bylaws, backed by the fiduciary duties of the Nonprofit Corporation Act for incorporated associations.