In North Dakota, homeowners associations are not regulated by a specific statute. But, there are still some laws that might apply to these HOAs. Learn about North Dakota HOA laws here.
North Dakota Condominium Ownership of Real Property
The North Dakota Condominium Ownership of Real Property regulates the creation and operation of condominium associations in the state. To adhere to this Chapter, condominiums must record a declaration in the county recorder’s office where the property is situated.
You can find the North Dakota Condominium Ownership of Real Property under Title 47, Chapter 47-04.1 of the North Dakota Century Code. There are 15 sections within this Chapter, namely:
- Definitions
- Recording of declaration to submit property to a project
- Contents of declaration
- Declaration of restrictions
- Reference to declaration for description of unit and common elements
- Incidents of a condominium grant
- Administration – Bylaws – Rules and regulations
- Compliance with covenants, bylaws, and administrative provisions
- Partition not available – Exceptions
- Withdrawal of property from project – Recording – Subsequent project
- Liens against units for common expenses – Removal from lien – Effect of part payment
- Other liens – Removal from – Part payment
- Real property tax and special assessments – Levy on each unit
- Covenant, declaration, bylaw, or other rule may not prohibit display of political signs
- Approval by lender of amendment
North Dakota HOA Laws on Corporate Governance
The North Dakota Nonprofit Corporations Act regulates non-profit corporations in the state when it comes to corporate procedure and structure. There is no specific statute that governs homeowners associations. But, if an HOA or condominium is established as a non-profit corporation, then it will fall under the control of this Act.
You can find the North Dakota Nonprofit Corporations Act under Title 10, Chapter 10-33 of the North Dakota Century Code. It consists of the following sections:
- Definitions
- Legal recognition of electronic records and electronic signatures
- Knowledge and notice
- Reservation of legislative right
- Application and election
- Transition
- Purposes
- Incorporators
- Articles
- Private foundations ‑ Provisions considered contained in articles
- Filing of articles of incorporation
- Effective date of incorporation
- Corporate name (Contingent effective date – See note)
- Reserved name
- Registered office ‑ Registered agent
- Change of registered office ‑ Appointment or change of registered agent ‑ Change of name of registered agent
- Amendment of articles
- Procedure for amendment of articles
- Articles of amendment
- Effect of amendment
- Filing articles of amendment
- Effective date of articles of amendment
- Amendment of articles in court‑supervised reorganization
- General powers
- Corporate seal
- Defense of ultra vires
- Unauthorized assumption of corporate powers ‑ Liability
- Organization
- Bylaws
- Board
- Number of directors
- Qualifications and election of directors
- Terms of directors
- Acts not void or voidable
- Compensation of directors
- Classification of directors
- Cumulative voting for directors
- Resignation of directors
- Nonjudicial removal of directors
- Removal of directors by judicial proceeding
- Board vacancies
- Board meetings
- Absent directors
- Quorum of directors
- Act of the board
- Action without meeting by directors
- Board committees
- Standard of conduct for directors
- Director conflicts of interest
- Immunity of officers, directors, and trustees
- Immunity of volunteers
- Officers
- Duties of officers and agents
- Multiple offices
- Officers deemed elected
- Contract rights
- Resignation, removal, and vacancies for officers
- Delegation by officers
- Standard of conduct for officers
- Members
- Membership certificates
- Transfer of membership
- Liability of members ‑ Third parties ‑ Dues, assessments, or fees
- Resignation by members
- Termination of membership
- Purchase of memberships
- Delegates
- Annual meetings of voting members
- Special meetings of voting members
- Court‑ordered meeting of voting members
- Notice of member meetings
- Record date ‑ Determining members entitled to notice and vote
- Members’ list for meeting
- Right to vote
- Act of the members
- Contractual requirement to submit a matter to the members
- Member action without a meeting
- Member action by ballot
- Remote communications for member meetings
- Quorum of members
- Proxies
- Acceptance of member act by the corporation
- Voting agreements
- Books and records ‑ Financial statement
- Equitable remedies for members
- Loans ‑ Guarantees ‑ Suretyship
- Advances
- Indemnification
- Merger, consolidation, or transfer
- Plan of merger or consolidation
- Plan approval
- Articles of merger or consolidation ‑ Certificate
- Abandonment
- Effective date of merger or consolidation ‑ Effect
- Continuance of corporate authority
- Merger or consolidation with foreign corporation
- Merger of corporation conducting activities as a hospital with a corporation organized for profit ‑ Retention of property tax status
- Transfer of assets ‑ When permitted
- Certain assets not to be diverted
- Methods of dissolution
- Voluntary dissolution by incorporators
- Voluntary dissolution by board and members with voting rights
- Filing notice of intent to dissolve ‑ Effect
- Procedure in dissolution
- Dissolution procedure for corporations that give notice to creditors and claimants
- Dissolution procedure for corporations that do not give notice to creditors and claimants
- Filing of articles of dissolution ‑ Effective date of dissolution ‑ Certificate of dissolution
- Revocation of dissolution proceedings
- Distribution of assets
- Supervised voluntary dissolution
- Involuntary dissolution
- Procedure in involuntary or supervised voluntary dissolution
- Qualifications of receivers ‑ Powers
- Filing claims in proceedings to dissolve
- Discontinuance of dissolution proceedings
- Decree of dissolution
- Filing decree
- Deposit with administrator of abandoned property of amount due certain persons ‑ Appropriation
- Claims barred ‑ Exceptions
- Right to sue or defend after dissolution
- Omitted assets
- Extension after duration expired
- Effect of extension
- Service of process on corporation, foreign corporation, and nonresident directors
- State interested ‑ Proceedings
- Attorney general ‑ Notice to ‑ Waiting period
- Powers of attorney general
- Certified nonprofit development corporation ‑ Application
- Foreign corporation ‑ Governing law
- Foreign corporation ‑ Name
- Foreign corporation ‑ Admission of foreign corporation conducting activities ‑ Obtaining licenses and permits
- Foreign corporation application for certificate of authority
- Foreign corporation ‑ Issuance of certificate of authority
- Foreign corporation ‑ Amendments to the certificate of authority
- Foreign corporation ‑ Registered agent ‑ Registered office
- Foreign corporation ‑ Merger of foreign corporation authorized to conduct activities in this state
- Foreign corporation ‑ Certificate of withdrawal
- Foreign corporation ‑ Revocation of certificate of authority
- Foreign corporation ‑ Conduct of activity without certificate of authority ‑ Civil penalty
- Foreign corporation ‑ Conduct not constituting conducting activities
- Foreign corporation ‑ Action by attorney general
- Foreign corporation ‑ Service of process
- Secretary of state ‑ Annual report of corporations and foreign corporations
- Secretary of state ‑ Fees and charges (Contingent effective date – See note)
- Secretary of state ‑ Enforcement ‑ Penalty ‑ Appeal
- Delivery to and filing of records by secretary of state and effective date
- Correcting a filed record
- Secretary of state ‑ Involuntary dissolution ‑ Revocation of certificate of authority
- Secretary of state ‑ Evidence
- Secretary of state ‑ Confidential records
- Secretary of state ‑ Forms
- Transaction by a nonprofit corporation operating or controlling a hospital or nursing home ‑ Notice to attorney general ‑ Waiting period
- Transaction by a nonprofit corporation or entity operating or controlling a hospital or nursing home ‑ Attorney general’s powers and duties ‑ Experts ‑ Continuing appropriation
- Transaction by a nonprofit corporation or entity operating or controlling a hospital or nursing home ‑ Notice of decision ‑ Public meeting ‑ Meeting notice
- Transaction by a nonprofit corporation or entity operating or controlling a hospital or nursing home ‑ Attorney general decision
- Investigation ‑ Subpoena ‑ Hearing ‑ Powers of the attorney general
- Authority of the attorney general or a court is not impaired
Fair Housing
The North Dakota Housing Discrimination Act prevents housing discrimination based on color, national origin, race, age, sex, religion, familial status, disability, marital status, or status in terms of public assistance. It is North Dakota’s answer to the federal Fair Housing Act as well as the Americans with Disabilities Act.
The HOA laws of North Dakota protect residents from housing discrimination. Victims can lodge a complaint with the U.S. Department of Housing and Urban Development or the North Dakota Department of Labor & Human Rights. On the other hand, victims can also file a lawsuit in state or federal court.
