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

Overview of South Dakota HOA Law Changes 2021–2025

South Dakota has no standalone comprehensive HOA act — non-condo communities operate under recorded covenants plus general nonprofit corporation law (SDCL Title 47), while condominiums are covered separately under SDCL Chapter 43-15A, with developer filing requirements administered by the South Dakota Real Estate Commission. Two real, verifiable bills affected HOAs during this period, both outside the core condo statute.

2021 Legislative Session

HB 1084 — Extended Covenant Duration

HB 1084, signed by the Governor on March 29, 2021, extends the maximum duration of restrictive covenants on real estate from 25 years to 40 years, amending South Dakota's decades-old covenant duration statute. The bill passed the House 55-14. For HOA boards, this means restrictive covenants recorded under the updated framework can now remain enforceable for a longer period before requiring renewal or re-recording — a meaningful change for older communities whose covenants were approaching expiration under the previous 25-year limit.

2024 Legislative Session

SB 39 — Firearm Preemption Applied to HOAs

SB 39, signed by Governor Kristi Noem effective February 5, 2024, prohibits homeowners associations from restricting the possession or storage of firearms and firearm ammunition, strengthening South Dakota's existing firearm preemption law as applied specifically to HOAs. Any CC&R or rule provision that restricts a member's ability to possess or store firearms or ammunition in their own home is unenforceable under this law.

Board Action Checklist

• Review any restrictive covenants nearing their 25-year mark to confirm whether HB 1084's extended 40-year duration applies to your community's recording
• Audit CC&Rs and rules for any firearm or ammunition possession/storage restrictions and remove them — SB 39 makes these unenforceable
• Confirm whether your community is governed by SDCL Chapter 43-15A (condominium) or operates under recorded covenants and general nonprofit corporation law
• Consult South Dakota counsel before assuming any statutory right or requirement not found in these statutes or your governing documents

How APM Helps South Dakota HOA Boards Stay Compliant

APM's remote HOA management service monitors South Dakota HOA and condominium law updates and provides client boards with compliance guidance and updated policy templates as the law changes. Learn about our South Dakota remote management services. Contact us at billing@apmhoa.com or call 810-777-7060.

Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed South Dakota attorney for guidance specific to your community.