Quick Answer
South Dakota has no comprehensive HOA act. Associations are governed mainly by recorded covenants, bylaws and rules, and by the South Dakota Nonprofit Corporation Act (SDCL chapters 47-22 to 47-28) when incorporated. Condominiums fall under SDCL chapter 43-15A. Targeted statutes cover resale disclosure (SDCL 43-4-44.1), firearms (SDCL 11-5-9) and covenant amendments (SDCL 11-5-11).
Which laws govern HOAs and condominiums in South Dakota
South Dakota has not adopted a uniform common interest ownership act or a general community association act regulating assessments, elections, fines and reserves. In the South Dakota Codified Laws reviewed, an association's rights and duties come from several layers.
- Governing documents: the declaration or restrictive covenants, articles, bylaws and rules. These are the primary source of assessment authority, enforcement powers and voting procedures. See HOA governing documents explained.
- South Dakota Nonprofit Corporation Act (SDCL chapters 47-22 to 47-28): SDCL 47-22-78 provides that these chapters may be cited by that name. It applies to associations organized as nonprofit corporations. For example, SDCL 47-24-2 provides that all books and records of a corporation may be inspected by any member, or the member's agent or attorney, for any proper purpose at any reasonable time, and SDCL 47-23-7 sets default member meeting notice of not less than 10 nor more than 50 days unless the articles or bylaws provide otherwise.
- Condominiums (SDCL chapter 43-15A): the chapter defines a condominium as an undivided interest in portions of real property together with a separate interest in space in a building (SDCL 43-15A-2), requires a recorded master deed or lease setting out specified particulars, including provisions requiring the council of co-owners to maintain insurance (SDCL 43-15A-3 and 43-15A-4), and requires a developer to notify the South Dakota Real Estate Commission before offering a project for sale (SDCL 43-15A-10).
- Restrictive covenants (SDCL chapter 11-5): includes provisions on firearms, covenant modification and online voting, discussed below.
- Transfer of property (SDCL chapter 43-4): includes the resale disclosure requirement for property governed by a homeowners' association.
Chapter 43-15A is largely a creation and sale statute. As reviewed, it does not set detailed rules on assessment collection, association liens, meetings, elections or fines for condominium associations, so condominium declarations and bylaws carry most of the load. Our complete condo association guide explains how those documents work.
South Dakota HOA law at a glance
Where the table says see your documents, the sources reviewed did not identify a statewide rule.
| Topic | What South Dakota law says |
|---|---|
| Assessments and liens | No comprehensive statute reviewed sets assessment procedures or lien priority for associations; see your recorded covenants and counsel. SDCL 43-4-44.1 requires sellers to disclose whether an assessment exists and its amount, frequency and purpose, and to list special one-time assessments from the most recent three years. |
| Records access | If incorporated as a nonprofit, SDCL 47-24-2 lets any member inspect books and records for a proper purpose at a reasonable time. Otherwise see your documents. |
| Meetings and elections | If incorporated, SDCL 47-23-7 provides default notice of 10 to 50 days for member meetings unless articles or bylaws differ, and allows notice by any reasonable means if the articles or bylaws permit, including email. SDCL 11-5-10 states it is lawful for an owner of real property exercising the power conferred by SDCL 11-5-1 to use an online management and communication platform for online voting notwithstanding chapters 47-22 and 47-23. Voting rules and elections otherwise: see your bylaws. |
| Reserves | No statewide reserve requirement identified; see your documents. |
| Fines and enforcement | No comprehensive statute reviewed; fines and enforcement depend on the declaration, bylaws and rules. SDCL 11-5-9 bars an association from including or enforcing governing document provisions that prohibit or restrict lawful possession, transportation or storage of firearms, parts or ammunition, or the lawful discharge of a firearm. |
| Rental restrictions | No comprehensive statute reviewed; see your declaration and rules. |
| Architectural review | No comprehensive statute reviewed; see your declaration and design guidelines. |
| Board duties | Governed by your documents and, if incorporated, the Nonprofit Corporation Act. Covenant amendments: SDCL 11-5-11 requires a two-thirds vote of owners when the declaration lacks a modification provision. |
Recent South Dakota statutes worth knowing
Resale disclosure for HOA property
SDCL 43-4-44.1, added by 2024 Senate Bill 217, requires a seller of residential property governed by a homeowners' association to give the buyer, before the buyer makes a written offer, a disclosure that the property is governed by an HOA, a copy of the governing documents, a statement of whether there is an assessment and its amount, frequency and purpose, and a list of special one-time assessments from the most recent three years. If the seller becomes aware of a change of material fact before closing or possession, the seller must furnish a written amendment. The statute defines a homeowners' association as an incorporated or unincorporated association whose membership is based on owning an interest in real property and that has authority under recorded covenants or governing documents to assess and record liens. Per the enrolled act, it applies to transfers occurring after July 1, 2024, and SDCL 43-4-42 provides remedies for intentional or negligent violations. Associations that handle document requests for sellers should be ready to respond promptly.
Firearms and covenant modification
SDCL 11-5-9 (2024) restricts HOA firearm provisions as described above, and SDCL 11-5-11 (2024) sets the two-thirds owner vote default for modifying a declaration that has no modification mechanism. Boards considering amendments should have counsel review the declaration first. See our guide to what powers an HOA has.
Private transfer fees
SDCL 43-4-47 and following regulate private transfer fees, but the definition excludes amounts payable to a homeowners, condominium or similar association under its declaration, including fees for estoppel letters or certificates. Associations should still have counsel review any resale or capital contribution fee provisions.
Practical takeaways
Since state law is thin, a South Dakota board should audit its recorded documents for clear authority to assess, charge late fees, file liens and fine, and for a workable amendment procedure. Enforcement should be consistent and documented; see the violations and enforcement guide and board member responsibilities. With no statewide reserve mandate identified, boards should plan voluntarily using the reserve funds guide.
Recent changes
The most notable recent South Dakota measures are the 2024 laws described above. For a broader summary, see South Dakota HOA law changes 2021-2025, and confirm current statutes on the South Dakota Legislature website.
Remote HOA management in South Dakota
Remote management fits states where documents govern and boards are volunteers. A cloud dashboard organizes governing documents, budgets, minutes and owner ledgers, which makes it easier to respond to resale disclosure requests and member record requests. Online dues collection produces clean assessment histories, and digital violation tracking records notices and responses. The board reaches a manager by phone, email and video for budgets, meetings and owner questions.
See remote HOA management in South Dakota and our pricing. Rules on manager licensing and registration vary by state; we have not confirmed a South Dakota licensing requirement for community association managers, so associations should confirm what applies in South Dakota. For background, read what HOA management is.
Frequently Asked Questions
Does South Dakota have a statewide HOA law?
Not a comprehensive one. Associations rely on covenants and bylaws, the Nonprofit Corporation Act if incorporated, and targeted statutes such as SDCL 43-4-44.1 and 11-5-9.
What must a seller disclose about an HOA in South Dakota?
Before the buyer makes a written offer, the seller must disclose that the property is HOA-governed, provide the governing documents, state any assessment's amount, frequency and purpose, and list special one-time assessments from the last three years.
Can a South Dakota HOA restrict firearms?
SDCL 11-5-9 prohibits an association from including or enforcing governing document provisions that restrict lawful possession, transportation or storage of firearms or ammunition, or lawful discharge.
Can South Dakota HOA members inspect records?
If the association is a nonprofit corporation, SDCL 47-24-2 allows members to inspect books and records for a proper purpose at a reasonable time. Otherwise the governing documents control.
How can a South Dakota declaration be changed?
Follow the declaration's amendment provision. If it has none, SDCL 11-5-11 requires a two-thirds vote of the owners of real property governed by the declaration.
How APM Helps
Association Property Managers provides remote HOA and condo management to boards nationwide, with offices in East Lansing, Michigan and Dublin, California. See our association management services or request a free proposal; we respond within 3 business days. Call 810.777.7060 to talk with us.
This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in South Dakota. Last verified October 25, 2026.
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