North Dakota HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of North Dakota HOA Law Changes 2021–2025</h2>

<p>North Dakota community associations are governed by the North Dakota Condominium Act (NDCC § 47-04.1) and the North Dakota Common Interest Ownership Act. Between 2021 and 2025, North Dakota enacted several updates — electronic meeting authority, solar energy rights, pre-lien cure notice requirements, annual financial disclosure mandates for larger associations, and fine due process reform. Here is a session-by-session breakdown.</p>

<h2>2021 Legislative Session</h2>

<h3>HB 1209 — Electronic Meeting and Voting Authority</h3>

<p>HB 1209 amended North Dakota condominium and common interest community statutes to authorize electronic delivery of required notices and to permit board meetings and unit owner meetings to be conducted by video conference or telephone conference. Remote participation counts toward quorum. Boards must provide electronic meeting access instructions at least 48 hours before any meeting conducted by electronic means. This amendment gave North Dakota associations a permanent basis for electronic governance that many had been using informally but without clear statutory authority.</p>

<h2>2023 Legislative Session</h2>

<h3>SB 2194 — Solar Energy Rights</h3>

<p>SB 2194 added NDCC § 47-05-08, prohibiting North Dakota homeowners associations from adopting or enforcing any covenant, condition, or restriction that prohibits the installation of solar energy equipment — including rooftop solar panels, solar thermal systems, and solar water heaters. Associations may impose reasonable placement standards that do not increase the cost of installation by more than 5% or reduce the system's output by more than 10%. Any existing CC&amp;R provision amounting to an outright solar prohibition is void under North Dakota law. Boards should audit governing documents and adopt compliant solar installation guidelines before receiving installation requests from members.</p>

<h3>HB 1478 — Assessment Collections — Pre-Lien Notice</h3>

<p>HB 1478 established a 30-day pre-lien notice requirement for North Dakota common interest community associations. Before recording an assessment lien, the association must send a cure notice by certified mail to the property address, itemizing all amounts due — principal assessments, late fees, and interest — and informing the owner of the right to cure within 30 days. Association attorney fees may not be added to the delinquency before the cure period expires. North Dakota boards whose management agreements or collections policies direct immediate lien filing upon delinquency must update those documents to include the certified mail cure notice as a mandatory prerequisite.</p>

<h2>2025 Legislative Session</h2>

<h3>SB 2308 — HOA Transparency — Financial Disclosure</h3>

<p>SB 2308 required North Dakota common interest community associations with 20 or more units to provide members with an annual financial disclosure within 120 days of fiscal year end. The disclosure must include a balance sheet showing the association's assets and liabilities, an income statement comparing actual revenues and expenses to the adopted budget, a reserve fund summary identifying major capital components and current funding status, and a budget vs. actuals comparison. The disclosure must be provided in electronic form if the member has consented to electronic delivery, or by first class mail for members who have not consented. Boards that have been providing only the adopted annual budget — without actual financial statements — must significantly expand their annual financial disclosure to members.</p>

<h3>HB 1619 — Fine Due Process Reform</h3>

<p>HB 1619 required North Dakota community associations to provide written notice of violation and a 14-day opportunity to cure before imposing any fine. The notice must identify the specific governing document provision alleged to have been violated and describe the observed violation in sufficient detail for the owner to understand what must be corrected. If the owner requests a hearing within the 14-day cure period, the board must schedule the hearing within 21 days of the request. Fines may not begin to accrue until after the hearing is held or the right to a hearing is waived in writing by the owner. Boards currently imposing fines without a formal notice-and-hearing process must immediately update their enforcement procedures.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Adopt written electronic meeting and notice procedures — provide access instructions 48 hours before electronic meetings</li>

<li>Audit CC&amp;Rs for solar installation restrictions and repeal any outright bans under NDCC § 47-05-08</li>

<li>Update collections policy to require 30-day certified mail pre-lien notice</li>

<li>Prepare and distribute an annual financial disclosure within 120 days of fiscal year end (20+ unit associations)</li>

<li>Adopt a written fine and enforcement policy with 14-day cure notice and 21-day hearing right before any fine</li>

</ul>

<h2>How APM Helps North Dakota HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service monitors North Dakota HOA and condominium law updates and provides client boards with compliance guidance on financial disclosure, solar policies, collections procedures, and enforcement due process. <a href="/remote-hoa-management/north-dakota">Learn about our North Dakota remote management services</a>.</p>

<p><em>Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed North Dakota attorney for guidance specific to your community.</em></p>