North Dakota HOA Laws 2026: CC&R-Focused Governance (N.D. Cent. Code § 47-04.1)

North Dakota has one of the smallest HOA statutory footprints in the US. N.D. Cent. Code § 47-04.1 addresses property use restrictions generally, and the North Dakota Condominium Act (N.D. Cent. Code §§ 47-04.1-01 through 47-04.1-31) governs condominiums. Most North Dakota planned community HOAs operate almost entirely under their CC&Rs and North Dakota nonprofit corporation law.

North Dakota Condominium Act

The North Dakota Condominium Act provides basic governance rules for condominiums including declaration requirements, association authority, and lien rights for unpaid assessments. The Act is relatively brief compared to modern uniform acts, and many governance details are left to the individual declaration and bylaws.

Planned Communities: CC&Rs Are Everything

For North Dakota planned community HOAs, the CC&Rs are the primary governing law. There is no Planned Community Act. Courts enforce clear CC&R restrictions as real covenants running with the land. Ambiguous or poorly drafted restrictions face serious enforcement challenges in North Dakota courts.

Assessment Liens and Collection

North Dakota condominiums have statutory lien rights under the Condominium Act. For planned community HOAs, lien rights must come from the CC&Rs. North Dakota requires judicial foreclosure for HOA assessment liens. The association must provide written notice of delinquency before recording a lien.

Practical Guidance for North Dakota Boards

• Your CC&Rs are your primary law — review them annually
• Ensure your CC&Rs expressly grant lien rights and specify the collection process
• Follow your bylaws exactly for meeting notice, quorum, and voting requirements
• Keep meeting minutes that document all board decisions
• Consult an attorney before pursuing foreclosure — the process requires court involvement