North Dakota's Common Interest Ownership Act (NDCC ch. 47-04.1) governs condominiums, not non-condo HOAs. Non-condo associations instead run on the North Dakota Nonprofit Corporation Act, NDCC ch. 10-33, plus their own recorded declaration. There is one real HOA-specific statute worth knowing — a disclosure requirement at NDCC § 47-10-02.3.

Fines: what your HOA can and can't charge

No North Dakota statute specifically authorizes, caps, or sets a hearing procedure for HOA fines outside the condo-only CIOA. Fine authority and process come from your declaration and bylaws; the Nonprofit Corporation Act's general due-process rule for member expulsion (notice and an opportunity to be heard) is the closest statutory backstop.

See our guide on how to fight an HOA fine for the general playbook.

Unpaid assessments, liens, and foreclosure

Any HOA lien right for a non-condo association in North Dakota has to come from the declaration itself — there's no general statutory lien for non-condo assessments. Critically, North Dakota courts have confirmed there is no super-priority lien for HOA assessments: in Industrial Commission of North Dakota v. Gould, 2024 ND 32, the North Dakota Supreme Court confirmed an HOA-type lien does not leapfrog a properly recorded first mortgage. Foreclosure of a declaration-based lien follows the same judicial process used for mortgages in North Dakota.

More on this in our guide to what happens if you don't pay HOA dues.

Meetings and quorum

The Nonprofit Corporation Act's defaults apply absent contrary bylaws: meeting notice must go out 10 to 60 days in advance, and unless your bylaws set a different number, default quorum is 10% of the votes entitled to be cast.

Board elections

No North Dakota statute specifically governs HOA board elections; candidate eligibility, terms, and removal are bylaws matters, filled in by the Nonprofit Corporation Act's general director-removal and vacancy rules where bylaws are silent.

For the general mechanics, see how HOA board elections work.

Buying a home in a North Dakota HOA

North Dakota has a real, if narrow, HOA disclosure statute: NDCC § 47-10-02.3 requires certain sellers to disclose the existence of an HOA and mandatory membership as part of the state's general real property disclosure process.

Know before you buy: the statutory disclosure confirms an HOA exists and that membership is mandatory, but it isn't a full resale-certificate law — for actual dues amounts, delinquencies, and pending special assessments, request records directly from the association or its management company before closing.

See our full buying checklist for homes in an HOA before you make an offer.

This guide covers general North Dakota law affecting non-condominium homeowners associations as of 2026, including the Nonprofit Corporation Act (NDCC ch. 10-33) and NDCC § 47-10-02.3, and is for general education only — it isn't legal advice, and it doesn't cover condominium associations, which follow the separate Common Interest Ownership Act. For anything binding, talk to a North Dakota HOA attorney.

Need help with a North Dakota HOA issue? Find an HOA attorney in North Dakota, or find a management company in North Dakota.