North Dakota
North Dakota HOA and Condo Resale Disclosure: Fees, Deadlines, and How to Order
A resale disclosure is the document a title company asks for before a North Dakota closing. North Dakota associations must deliver it within 10 days. North Dakota puts no dollar cap on the fee.
Free for the resale platform. No contract to sign.
North Dakota Resale Disclosure
Example Prairie Owners Association
Regular assessment
$345.00 monthly
Buyer's review period
5 days by statute
Master insurance
Certificate on file
Due to the requester
Within 10 days
North Dakota at a glance
- What North Dakota calls it
- Resale Disclosure
- Fee cap
- No fixed dollar cap
- Delivery deadline
- 10 days
- Buyer's right to cancel
- 5 days after receiving it
Also called: resale certificate, HOA resale certificate. If you were told to get a North Dakota resale certificate, or an ND resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What North Dakota law sets
One set of rules covers North Dakota. Havn applies it to every order in the state.
N.D.C.C. 47-10-02.3
Required disclosures by seller. Applies to condominiums and HOAs and planned communities.
- Required by statute
- Yes
- Fee
- No fixed dollar cap
- Deadline
- 10 days from the request
- Buyer may cancel within
- 5 days
North Dakota HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
N.D.C.C. 47-04.1 (Condominium Ownership Act)
North Dakota's Condominium Ownership of Real Property chapter is the state's condominium statute, governing condominiums created by a recorded declaration regardless of when the project was formed. It covers how a project and its units are created and described, administration of the project through bylaws and rules, common expense assessments and the association's lien against a unit for unpaid assessments, and the allocation of real property taxes and special assessments among units. The chapter does not itself create a resale disclosure certificate; North Dakota's resale disclosure and assessment payoff information for condominiums and homeowners' associations are instead set out in a separate real property transfer statute. The chapter contains no resale certificate or statement of unpaid assessments provision; the seller's required disclosures on a condominium resale come from N.D.C.C. 47-10-02.3.
N.D.C.C. 47-10-02.3 (Required disclosures by seller)
By a mutually agreed date or within 10 days of executing an agreement to sell a property subject to a homeowners' association or condominium project, the seller discloses in writing fifteen items: the periodic assessment, fees, or charges and any unpaid common expenses or special assessments due from the seller; approved special assessments; the declaration (without plats and plans), bylaws, amendments, supplemental declarations, rules, and the official minutes of the last two meetings; reserve and capital funds available and committed to current or pending projects; whether a reserve study is used; the current operating and reserve budgets and year-to-date financial statement with any reserves designated for projects; insurance documents; unsatisfied judgments and pending lawsuits other than routine collections; alleged and uncured violations pertaining to the unit; transfer and transaction fees; the remedies for nonpayment; the assessment collection policy; leasing restrictions; a list of amenities; and the contact information for the association or its manager. The documents must include information from at least the 90 days before the agreement. Within 10 days of the seller's or the seller's representative's request the association furnishes the documents and may charge a reasonable fee, disclosed before final acceptance of the purchase agreement, and must report any unavailable document other than the assessment, special assessment, reserve, and budget items. The buyer is not liable beyond the amounts provided; the seller is not liable for the association's delay, but the contract is voidable by the buyer until the documents are provided and for five days after receipt, or until conveyance. The seller must furnish a written amendment on any change of material fact before closing or possession. Applies to condominiums and planned communities alike; no payoff statement statute exists.
The notice Havn prints on every North Dakota resale disclosure
Every North Dakota document Havn prepares carries a notice that tells the reader where the document comes from and what North Dakota law says about it. This is the wording, act by act.
N.D.C.C. 47-10-02.3Condominiums and HOAs and planned communities
These disclosures are provided under North Dakota Century Code section 47-10-02.3. The homeowners' association or condominium project must furnish them within ten days after a request by the seller or the seller's authorized representative. The seller must then disclose them in writing to a prospective buyer by a mutually agreed date or within ten days of executing an agreement to sell or transfer the property. The association may charge a reasonable fee for furnishing them, and that fee must be disclosed before the final acceptance of a purchase agreement. The documents include information from at least the ninety days immediately preceding the effective date of the agreement. If a requested document is not available, the association must notify the seller of the unavailability, except that the assessment and unpaid amounts, the approved special assessments, the reserve and capital fund information, and the operating and reserve budgets and year to date financial statement must always be provided. A buyer is not liable for any unpaid assessment or fee greater than the amount provided in the documents prepared by the association. A seller is not liable to a buyer for the association's failure or delay in providing the documents in a timely manner, but the purchase contract is voidable by the buyer until the documents have been provided and for five days after receipt of the documents, or until conveyance, whichever occurs first. Under subsection 4 of section 47-10-02.3, a seller or seller's agent complying with the section is not liable for any claim or action based on the disclosed information under subsection 1 of that section. If, after delivering this information and before closing or the date of possession, whichever comes first, the seller becomes aware of a change of material fact that would affect it, the seller must furnish a written amendment disclosing the change. The information in these disclosures is current as of the issue date.
North Dakota's payoff statement
North Dakota has no payoff or statement of unpaid assessments statute. The figures in this letter track N.D.C.C. 47-10-02.3(2)(a), the statement of assessments and of unpaid common expenses or special assessments due from the seller, which the association furnishes within ten days after a request by the seller or the seller's authorized representative for a reasonable fee disclosed before final acceptance of a purchase agreement (47-10-02.3(5)); a request from a buyer, lender, or title company does not start that clock. Under N.D.C.C. 47-04.1-11 a condominium assessment becomes a lien only when the administrative body records a notice of assessment stating the amount and the record owner.
About Demand LettersDocuments North Dakota adds to the package
Beyond the governing documents, budget, and financial statements every state expects, North Dakota adds these. Havn attaches each one as its own exhibit.
- Assessment collection policy (N.D.C.C. 47-10-02.3(2)(l))
North Dakota resale disclosure: common questions
What is a North Dakota resale disclosure?
It is what North Dakota law has the association provide when a home in condominiums and HOAs and planned communities is sold: a statement of what the home owes and of the association's finances, insurance, and rules, under N.D.C.C. 47-10-02.3.
How much does a North Dakota resale disclosure cost?
North Dakota sets no dollar cap, so the association or its management company sets the fee.
How long does a North Dakota association have to provide a resale disclosure?
10 days, counted from the request.
Is a resale disclosure required in North Dakota?
Yes, for condominiums and HOAs and planned communities, under N.D.C.C. 47-10-02.3.
Can a buyer cancel after receiving a North Dakota resale disclosure?
Yes. The buyer has 5 days after receiving it to cancel the purchase contract.
Who pays for the resale disclosure in North Dakota?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a North Dakota resale disclosure?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents. North Dakota adds one more item, listed on this page. The full list is in N.D.C.C. 47-10-02.3.
How do I get a resale disclosure in North Dakota?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. Once asked, a North Dakota association has 10 days. A buyer should ask the seller or the closing agent to order it.
Is this the same as a North Dakota sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How North Dakota compares with its neighbors
Management companies that work across state lines meet a different rule on each side. North Dakota: no fixed dollar cap, 10 days.
Minnesota
Resale Disclosure Certificate
No fixed dollar cap
10 days
Required by statute
South Dakota
Resale Package
No fixed dollar cap
No statutory deadline
Not required by statute
Montana
Resale Package
No fixed dollar cap
No statutory deadline
Not required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next North Dakota resale disclosure could write itself.
The resale platform is free for the association. The requester pays for the document. No contract to sign.