South Dakota HOA Laws

In South Dakota, homeowners associations are not regulated by any specific statutes. But, there are still some state laws that may apply to them. Learn about the South Dakota HOA laws here.


For Condominiums

The South Dakota Condominium Law regulates condominium associations in the state. These condominium associations must explicitly choose to be governed by this Act by recording a declaration or master deed in the county register of deeds where the condominium is situated.

You can find the South Dakota Condominium Law under Title 43, Chapter 15A of the South Dakota Codified Laws. It consists of several sections, listed below.


South Dakota HOA Laws on Corporate Governance

The South Dakota Nonprofit Corporation Act regulates non-profit corporations in the state when it comes to corporate structure, procedure, and management. If a homeowners association or condominium is incorporated as a non-profit, then this Act will apply to them.

You can find the South Dakota Nonprofit Corporation Act under Title 47, Chapters 47-22 to 47-28 of the South Dakota Codified Laws. It consists of 8 chapters, each one broken down further into sections.

Chapter 47-22. Nonprofit Corporations–Formation And General Powers

Chapter 47-23. Nonprofit Corporations–Members, Directors, Officers And Agents

Chapter 47-24. Nonprofit Corporations–Records, Fiscal Affairs And Reports

Chapter 47-25. Nonprofit Corporations–Reorganization

Chapter 47-25A. Nonprofit Corporations–Domestication And Conversion

Chapter 47-26. Nonprofit Corporations–Dissolution And Liquidation

Chapter 47-27. Foreign Nonprofit Corporations

Chapter 47-28. Nonprofit Corporations–Supervision By Secretary Of State


Fair Housing

The South Dakota Human Relations Act of 1972 offers protection to residents against housing discrimination based on race, color, ancestry, national origin, sex, religion, creed, familial status, or disability. It closely follows the provisions set forth within the federal Fair Housing Act and the Americans with Disabilities Act.

Victims of housing discrimination can file a private lawsuit in state or federal court. They may also submit a complaint to the U.S. Department of Housing and Urban Development or the South Dakota State Commission of Human Rights.

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