North Dakota Condo and HOA Document Requirements: A Title Team's Guide

North Dakota's community association law historically sat on the light end of the national spectrum. Condominiums are governed by the North Dakota Condominium Ownership of Real Property Act at NDCC ch. 47-04.1, a compact pre-uniform statute covering creation, bylaws, and liens, while non-condominium HOAs have no dedicated governance act and operate under their recorded declarations plus the North Dakota Nonprofit Corporations Act (ch. 10-33) when incorporated. What changed in 2025: SB 2229, signed March 18 and effective August 1, 2025, created NDCC §47-10-02.3, which requires sellers of any property subject to HOA or condominium rules to deliver a fifteen-item written disclosure within ten days of the purchase agreement, and requires the association to produce the supporting documents within ten days of the seller's request. The statute also gives buyers the right to void the contract if the disclosures are late. For title teams, that is a real deadline now attached to every HOA and condominium file in the state — and most associations are still learning to meet it.

North Dakota Condominium Ownership Act (NDCC ch. 47-04.1)

The North Dakota Condominium Ownership of Real Property Act, codified at NDCC ch. 47-04.1, is the state's condominium statute. It is a lean, roughly sixteen-section act that predates the Uniform Common Interest Ownership Act movement, which North Dakota has never adopted. It covers the essentials — creation of a condominium project, recording of the declaration, bylaws, and liens — but does not impose the reserve studies, public offering statements, or owner-protection machinery that uniform-act states require.

A Compact Pre-Uniform Statute

Under NDCC §47-04.1-04, the owner of a project must record a declaration of restrictions before conveying any condominium, and those restrictions bind all owners as enforceable equitable servitudes. Section 47-04.1-07 requires bylaws covering maintenance of common elements, assessment of expenses, payment of losses, and disposition of hazard insurance proceeds, with the bylaws annexed to the declaration and made available to every owner. There are no statutory reserve funding requirements and no mandated resale certificate form — which is why the new §47-10-02.3 disclosure law matters so much.

Liens and Foreclosure Under §47-04.1-11

Section 47-04.1-11 makes an assessment for common expenses a debt of the unit owner and gives the administrative body a lien on the unit when a notice of assessment is recorded with the county recorder. North Dakota has no super-priority period, and foreclosure is judicial. At closing, the title commitment must account for any recorded assessment lien, and the payoff should be confirmed against the association's records through the closing date.

Recent Additions to the Act

The act has been updated in measured ways: §47-04.1-14 protects political yard signs within sixty days of an election, §47-04.1-15 provides that a lender that fails to respond to a proposed amendment within thirty days of notice is deemed to have approved it, and §47-04.1-16 requires written decisions on electric vehicle charging station applications within sixty days, with a civil penalty of up to $1,000 for willful violation. None of these change the resale workflow, but they signal a legislature that is slowly building out the chapter.

New in 2025: Resale Disclosures Under NDCC §47-10-02.3

The biggest change to North Dakota title work in a generation came through SB 2229, signed March 18, 2025, and effective August 1, 2025. The bill created NDCC §47-10-02.3, which requires sellers of any property subject to a homeowners' association's or condominium project's rules to provide a written disclosure to the buyer, and requires the association itself to produce the underlying documents on request.

What the Law Requires

The seller must provide the disclosure by a mutually agreed date or within ten days of executing the purchase agreement, whichever applies. The information must be current within the ninety days preceding the agreement. The association or condominium project must furnish the required documents within ten days of a request from the seller or the seller's authorized representative — that includes title teams acting on the seller's behalf. If a material fact changes after delivery and before closing, the seller must furnish a written amendment.

The Fifteen Disclosure Items

The statute requires written disclosure of:

• The amount of assessments, including monthly or periodic amounts
• Any unpaid assessments and fees due from the seller
• Any approved or pending special assessments
• The balance of any reserve or capital fund accounts
• The status of any reserve study
• The operating and reserve budgets, with a year-to-date financial statement
• Insurance coverage documents, including a claims loss statement and applicable adjuster's reports
• Pending litigation and unsatisfied judgments, excluding routine assessment collections
• Any alleged and uncured violations affecting the property
• Any fees relating to transfer of ownership or other transactions
• The remedies available to the association for nonpayment
• The association's assessment collection policy
• Notice of any restrictions on leasing a unit
• A list of association amenities
• The contact information for the association or its manager

Buyer Remedies: The Voidable Contract

The teeth of the statute are in its remedy provision. The purchase contract is voidable by the buyer until the documents have been provided and for five days after receipt, or until conveyance, whichever occurs first. A buyer who walks because the disclosure never arrived, or arrived late, has a statutory basis to do so. The North Dakota Association of REALTORS has published an HOA/Condo Association Disclosure form aligned with the law, which makes compliance easier for sellers — but title teams should treat the ten-day clock as a hard deadline in their own workflows, not the seller's problem alone.

Liability Protections

The statute protects sellers who comply: a seller or seller's agent acting in good faith is not liable for claims based on the disclosed information, and the buyer is not liable for unpaid assessments greater than the amounts stated in the documents prepared by the association. That last protection mirrors the buyer-liability cap found in stronger disclosure states and gives accurate disclosures real financial value at closing.

Non-Condo HOAs: CC&Rs and Chapter 10-33

North Dakota has no separate planned-community or HOA act. Non-condominium homeowners associations are governed by their recorded covenants and, when incorporated as nonprofits, by the North Dakota Nonprofit Corporations Act at NDCC ch. 10-33. What the 2025 disclosure law did — for the first time — is give HOA sellers and buyers a statutory framework for the resale package itself.

The Declaration Is the Law

For an HOA-governed lot, the recorded declaration of covenants is the foundation of assessment authority, lien rights, rental restrictions, and architectural control. The bylaws add governance detail, and the rules layer on daily operations. Because chapter 10-33 supplies only default corporate procedure, the declaration's amendment history matters: an improperly adopted amendment can undermine enforcement authority, including the collection of assessments from a new owner.

Estoppel Letters as Standard Practice

Before the 2025 law, the signed statement of account — the estoppel letter — was the entire financial record in an HOA closing, and it remains the operative document. The statute now backs it with a defined disclosure set, but the estoppel still fixes the seller's balance at a point in time. Verify the statement date, confirm no amounts have accrued since it was issued, and request an updated letter if the gap to closing is long.

What the 2025 Law Changed for HOA Files

The practical change is accountability. Where an unresponsive HOA previously cost a closing through delay alone, it can now cost the seller the contract — because the buyer's voidable window does not close until the disclosures arrive. Title teams that submit the §47-10-02.3 request in writing, track the ten-day clock, and escalate to the board when a management company fails to respond are protecting the entire transaction, not just gathering documents.

Documents, Timelines, and Fees

The 2025 law gives North Dakota a statutory document set for the first time, and the standard request package now aligns with it. What remains variable is turnaround and cost.

Standard Request List

• Signed statement of account or estoppel letter, current to within thirty days of closing
• Declaration of covenants or condominium declaration, with all amendments
• Bylaws and articles of incorporation
• Rules and regulations, including rental restrictions
• Certificate of insurance, claims loss statement, and adjuster's reports
• Operating and reserve budgets with year-to-date financial statements
• Reserve study status and reserve account balances
• Pending litigation and unsatisfied judgments statement
• Notice of uncured violations affecting the property
• Statement of transfer fees and any other transaction fees
• Assessment collection policy and remedies for nonpayment
• Board meeting minutes for the past twelve months

Two Ten-Day Clocks

NDCC §47-10-02.3 creates two deadlines that run in sequence. The seller must deliver the disclosure within ten days of the purchase agreement, and the association must produce the supporting documents within ten days of the seller's request. Title teams should request the documents on the day the file opens so both clocks complete before contingencies expire. Condominium association responsiveness in Fargo and Bismarck is generally good — professionally managed associations handle the package routinely — but self-managed HOA boards in smaller communities are still learning the law and may need the request spelled out.

Fee Ranges

NDCC §47-10-02.3 does not cap the fee an association may charge for preparing the documents, so fees track association policy and management company pricing. In practice, North Dakota resale and estoppel packages typically run $100 to $300, with professionally managed condominium associations at the higher end and small self-managed HOAs frequently charging nothing or a nominal fee. Obtain a written quote upfront, confirm the payment method, and disclose the fee on the closing statement per the contract's allocation.

Fargo, Bismarck, and Grand Forks Markets

North Dakota's community association activity is concentrated in its three largest metros, with Fargo leading the state in both condominium and HOA volume.

Fargo-Moorhead

Fargo, in Cass County, is the state's largest and fastest-moving housing market, and its west and south sides are dense with HOA-governed subdivisions and a growing inventory of condominium and townhome projects. The cross-border Fargo-Moorhead metro adds Minnesota transactions that fall under Minnesota's statutory framework, so firms serving the metro need both states' rules in their playbooks. Fargo's professionally managed associations generally process the new §47-10-02.3 package efficiently — but volume is high, and at peak season the ten-day windows collide with staffing constraints.

Bismarck-Mandan

Bismarck, in Burleigh County, and its sister city Mandan anchor the state's second market, driven by state government employment, energy industry activity, and steady retiree migration. The association mix skews toward established HOA subdivisions and mid-sized condominium projects with a higher share of self-managed boards. Title teams should expect wider variance in turnaround here and budget follow-up time for boards that are processing statutory disclosure requests for the first time.

Grand Forks

Grand Forks, in Grand Forks County, is a smaller but consistent market built around the University of North Dakota and the Grand Forks Air Force Base. Condominium and townhome inventory serves a mix of owner-occupants, investors, and relocating military families. Military relocation files often carry compressed timelines and additional lender requirements, which makes early document ordering and the ten-day statutory clock especially important in this market.

Best Practices for North Dakota Title Teams

The 2025 law turned a document-by-practice state into a statute-driven one. These steps keep the new deadlines working for the file instead of against it.

Step 1: Know Which Regime Applies

Confirm from the recorded documents whether the property is a condominium unit (ch. 47-04.1) or an HOA-governed lot (CC&Rs). The §47-10-02.3 disclosure obligation applies to both, but the governing documents, lien analysis, and lender questionnaire requirements differ. Record the classification at intake.

Step 2: Submit the Request the Day the File Opens

Send the written §47-10-02.3 request to the association or management company immediately, referencing the statute and requesting written confirmation of receipt. Because the seller's disclosure deadline runs from the purchase agreement and the association's from the seller's request, every day of delay compounds. For condominiums, also confirm the declaration is recorded and current with the county recorder.

Step 3: Track Both Ten-Day Clocks

Maintain a dated log of the request, the confirmation of receipt, the seller's disclosure delivery, and the association's document production. If the association misses its window, the buyer's voidable right under §47-10-02.3 stays open — flag the risk to the parties and escalate to the board or managing agent immediately. See our playbook for handling non-responsive management companies for the escalation path.

Step 4: Verify the Estoppel Against the New Disclosure

Cross-check the signed statement of account against the §47-10-02.3 disclosure items — unpaid assessments, approved special assessments, reserve balances, and transfer fees should reconcile. Flag discrepancies to the parties in writing before closing; the buyer's liability cap makes accuracy valuable, and a mismatch is a red flag worth investigating rather than waiving.

Step 5: Confirm the Lien Picture

Check the title commitment for any recorded assessment lien under §47-04.1-11 or the HOA's declaration, and confirm payoff from closing proceeds. North Dakota has no super-priority lien, so the priority analysis is straightforward — but a recorded lien that is not cleared will not close.

Step 6: Review Governing Documents for Use and Lender Restrictions

Flag rental restrictions and caps, age restrictions, right-of-first-refusal provisions, and pending litigation. For condominium files, confirm FHA and VA approval status where the financing requires it — the NDAR disclosure form tracks these fields for exactly that reason.

For context on how North Dakota compares with its neighbors, see our Minnesota condo and HOA requirements and Wisconsin condo and HOA requirements, plus the national state-by-state HOA disclosure guide and HOA document fees by state.

Frequently Asked Questions

Does North Dakota require HOA and condo disclosures at closing?

Yes, since August 1, 2025. Under NDCC §47-10-02.3, created by SB 2229, sellers of any property subject to homeowners' association or condominium project rules must provide a written disclosure within ten days of executing the purchase agreement, and the association must furnish the supporting documents within ten days of the seller's request. The information must be current within the ninety days preceding the agreement.

What is the North Dakota Condominium Ownership Act?

The North Dakota Condominium Ownership of Real Property Act is codified at NDCC ch. 47-04.1. It is a compact, roughly sixteen-section pre-uniform statute covering creation of condominium projects, recorded declarations of restrictions, bylaws, and assessment liens, with no reserve study or public offering statement requirements. The resale disclosure obligations that drive title work now come from the 2025 statute at §47-10-02.3.

Is NDCC §47-10-02.3 new?

Yes. Senate Bill 2229, signed March 18, 2025, created NDCC §47-10-02.3, effective August 1, 2025. It is North Dakota's first statutory resale disclosure law applying to both HOA-governed and condominium-governed property, and the North Dakota Association of REALTORS has published a companion HOA/Condo Association Disclosure form.

What are the fifteen disclosure items under NDCC §47-10-02.3?

The disclosure covers assessment amounts, unpaid assessments, approved special assessments, reserve and capital fund balances, reserve study status, operating and reserve budgets with a year-to-date financial statement, insurance documents including claims loss statements, pending litigation and unsatisfied judgments, uncured violations, transfer fees, remedies for nonpayment, the assessment collection policy, leasing restrictions, a list of amenities, and association contact information.

Can a North Dakota buyer cancel the contract based on the disclosure?

Yes. Under NDCC §47-10-02.3, the purchase contract is voidable by the buyer until the required documents have been provided and for five days after receipt, or until conveyance, whichever occurs first. A seller must also furnish a written amendment for any material change discovered before closing, and the buyer is not liable for unpaid assessments greater than the amounts stated in the documents.

What do North Dakota resale packages and estoppel letters cost?

NDCC §47-10-02.3 does not cap the fee an association may charge. In practice, resale and estoppel packages in North Dakota typically run $100 to $300, with professionally managed condominium associations at the higher end and small self-managed HOAs often charging nothing or a nominal fee. Request a written quote upfront and confirm the acceptable payment method.

What are the key North Dakota markets for condo and HOA transactions?

Fargo (Cass County) is the largest and fastest-moving market, with dense HOA-governed subdivisions and growing condo inventory. Bismarck-Mandan (Burleigh County) is the second market with a higher share of self-managed associations, and Grand Forks (Grand Forks County) is a smaller market driven by the University of North Dakota and Grand Forks Air Force Base relocations.

Key Takeaways

• Statutory disclosures arrived August 1, 2025: NDCC §47-10-02.3, created by SB 2229, requires sellers of any HOA- or condo-governed property to deliver a fifteen-item written disclosure within ten days of the purchase agreement, with association documents due within ten days of the seller's request.
• Voidable contract window: The buyer may void the contract until the documents are provided and for five days after receipt, or until conveyance. Late or missing disclosures now carry a statutory remedy, not just a closing delay.
• Compact condo act: The North Dakota Condominium Ownership of Real Property Act (NDCC ch. 47-04.1) governs condominiums with no reserve study mandates and no public offering statement requirements, so the §47-10-02.3 package is the buyer's main window into association finances.
• No HOA act: North Dakota has no dedicated planned-community statute. Non-condo HOAs run on recorded CC&Rs and the Nonprofit Corporations Act (ch. 10-33), with estoppel letters remaining the operative financial documents.
• Fifteen-item package: The disclosure covers assessments, special assessments, reserve balances and study status, budgets with year-to-date financials, insurance with claims loss statements, litigation, violations, transfer fees, collection policy, leasing restrictions, amenities, and contact information.
• Buyer liability cap: The buyer is not liable for unpaid assessments greater than the amounts stated in the documents prepared by the association — making accurate, current disclosures a direct financial protection.
• Fees run $100 to $300: No statutory fee cap applies, and costs track association policy. Obtain written quotes upfront and confirm payment methods and fee allocation.
• Fargo, Bismarck, and Grand Forks lead: Fargo is the largest and fastest-moving market, Bismarck-Mandan has a higher share of self-managed boards, and Grand Forks adds compressed military relocation timelines. Order early in all three.