South Dakota has no comprehensive HOA/planned-community act. Non-condo HOAs run on their recorded declaration, bylaws, and the general South Dakota Nonprofit Corporation Act, SDCL 47-22 to 47-28. South Dakota did add a real, narrow HOA-specific disclosure statute in 2024 — worth knowing about even though it doesn't cover fines, liens, or elections.

Fines: what your HOA can and can't charge

No South Dakota statute specifically governs HOA fine authority, caps, or hearing rights. Fine amount and process come entirely from your declaration and bylaws.

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

Unpaid assessments, liens, and foreclosure

South Dakota has no general statutory HOA assessment-lien right for non-condo associations — a lien has to come from the declaration itself. Because declarations are treated as written agreements rather than loans, there's generally no usury cap on the interest rate an association can charge on delinquent assessments if the declaration specifies one. Foreclosure of a declaration-based lien typically proceeds as a judicial action absent a specific power-of-sale grant in the declaration.

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 where bylaws are silent: reasonable advance notice of meetings is required, and default quorum, unless your bylaws set a different number, follows the Act's general nonprofit-corporation rules.

Board elections

No South Dakota statute sets HOA-specific election procedures; candidate eligibility, terms, and removal are bylaws matters, filled in by general nonprofit corporation law where bylaws are silent.

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

Buying a home in a South Dakota HOA

South Dakota added a genuine HOA disclosure statute in 2024, SDCL § 43-4-44.1, requiring certain sellers to disclose that a property is subject to HOA membership and assessments as part of the state's general property disclosure process. (Worth a note for anyone cross-checking citations: the disclosure statute's exemptions list at § 43-4-43 has an internal cross-reference that doesn't line up cleanly with § 43-4-42 — a drafting quirk to be aware of if you're reading the statute yourself.)

Know before you buy: the 2024 disclosure statute confirms an HOA exists, but it isn't a full resale-certificate law — get the actual dues amount, payment history, and any pending special assessments directly from the association before closing.

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

This guide covers general South Dakota law affecting non-condominium homeowners associations as of 2026, including the South Dakota Nonprofit Corporation Act and the 2024 HOA disclosure statute, SDCL § 43-4-44.1, and is for general education only — it isn't legal advice, and it doesn't cover condominium associations, which follow South Dakota's separate condominium statutes. For anything binding, talk to a South Dakota HOA attorney.

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