South Dakota
South Dakota HOA and Condo Resale Package (Resale Certificate): Fees, Deadlines, and How to Order
No South Dakota statute requires a resale package, but title companies and lenders still ask for one before closing. Associations furnish it under their governing documents.
Free for the resale platform. No contract to sign.
South Dakota Resale Package
Example Prairie Condominium Association
Regular assessment
$325.00 monthly
Reserve balance
$105,400.00
Master insurance
Certificate on file
Right of first refusal
No
South Dakota at a glance
- What South Dakota calls it
- Resale Package
- Fee cap
- No fixed dollar cap
- Delivery deadline
- None set by statute
- Buyer's right to cancel
- No statutory right tied to this document
Also called: resale certificate, HOA resale certificate. If you were told to get a South Dakota resale certificate, or an SD 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 South Dakota law sets
One set of rules covers South Dakota. Havn applies it to every order in the state.
SDCL 43-15A
Condominium Act. Applies to condominiums and HOAs and planned communities.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- None set
South 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.
SDCL 43-15A (Condominium Act)
SDCL 43-15A establishes and governs South Dakota condominiums, covering how a condominium project is created through a recorded master deed or lease, the definition of common areas, and the rights and obligations of co-owners in shared spaces. It requires a developer to register a condominium offering with the state Real Estate Commission and imposes pre-sale inspection, disclosure, and reporting duties before units are first sold, and it limits developer-arranged management and recreation-facility contracts. The chapter does not include a resale certificate, disclosure statement, or assessment payoff or estoppel process for owners transferring existing units; general residential resale disclosure obligations for association-governed property are addressed in a separate part of the property code.
SDCL 43-4-44.1 (Homeowners' Association Disclosure)
Effective for transfers after July 1, 2024, a seller of residential real property of four dwelling units or fewer in one structure that is governed by a homeowners' association (any association that may assess and record liens under recorded covenants, bylaws, or other governing documents) must furnish the buyer, before the buyer makes a written offer, a disclosure that the property is association-governed, a copy of the governing documents, a statement of whether there is an assessment and its amount, frequency, and purpose, and a list of any special one-time assessments from the most recent three years, with a written amendment if a material fact changes before closing or possession. The duty is the seller's; no association deadline or fee is stated. Under 43-4-42 a failure does not invalidate the transfer, but an intentional or negligent violator is liable to the buyer for actual damages and the court may award costs and attorney fees. Applies to condominiums and planned communities alike; the Condominium Act (43-15A) has no resale provision of its own.
The notice Havn prints on every South Dakota resale package
Every South Dakota document Havn prepares carries a notice that tells the reader where the document comes from and what South Dakota law says about it. This is the wording, act by act.
SDCL 43-15ACondominiums and HOAs and planned communities
No South Dakota statute requires the association to issue this resale package; it is furnished under the community's governing documents. For transfers of residential real property occurring after July 1, 2024, SDCL 43-4-44.1 requires the seller, not the association, to furnish the buyer before the buyer makes a written offer a disclosure that the property is governed by a homeowners' association, a copy of the governing documents, a statement of whether there is an assessment and the amount, frequency, and purpose of any assessment, and a list of any special onetime assessments from the most recent three years. That section applies to an association with authority under recorded covenants, bylaws, or other governing documents to assess and record liens against its members' property. A separate definition in SDCL 43-4-37(3) limits residential real property to not more than four family dwelling units in one structure, but by its own terms that definition is written for SDCL 43-4-38 to 43-4-44, and whether it carries into 43-4-44.1 is unsettled. Where that section applies, this package carries that information. If, after delivering the information and before closing or possession, whichever occurs first, the seller becomes aware of a change of material fact affecting it, the seller must furnish a written amendment disclosing the change. Under SDCL 43-4-42 a transfer is not invalidated solely because of a failure to comply, but a person who intentionally or negligently violates SDCL 43-4-37 to 43-4-44.1 is liable to the buyer for actual damages and repairs suffered as a result, and the court may award costs and attorney fees to the prevailing party. South Dakota law gives the buyer no cancellation or rescission period tied to this package, sets no expiration date for it, and does not limit the amounts the association may collect on the unit to the amounts stated here. Any such protection comes from the governing documents and from the purchase contract. The amounts stated are the association's statement of the account as of the issue date, and the information in this package is current as of that date.
South Dakota resale package: common questions
What is a South Dakota resale package?
It is the package a South Dakota association puts together when a home in the community is sold: what the home owes, plus the association's budget, insurance, and governing documents. No South Dakota statute prescribes it, so its contents follow the governing documents and what the closing asks for.
How much does a South Dakota resale package cost?
South Dakota sets no dollar cap and no statute governs the fee, so the governing documents and the management contract decide it.
How long does a South Dakota association have to provide a resale package?
South Dakota sets no statutory deadline. The closing date sets the pace, and a late document delays the closing.
Is a resale package required in South Dakota?
No South Dakota statute requires a resale package. Buyers, lenders, and title companies still ask for one, and associations furnish it under their governing documents.
Can a buyer cancel after receiving a South Dakota resale package?
South Dakota law ties no cancellation right to this document. Any right to cancel comes from the purchase contract or from other disclosure laws.
Who pays for the resale package in South 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 South Dakota resale package?
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.
How do I get a resale package in South 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. A buyer should ask the seller or the closing agent to order it.
Is this the same as a South 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 South Dakota compares with its neighbors
Management companies that work across state lines meet a different rule on each side. South Dakota: no fixed dollar cap, none set by statute.
Minnesota
Resale Disclosure Certificate
No fixed dollar cap
10 days
Required by statute
North Dakota
Resale Disclosure
No fixed dollar cap
10 days
Required by statute
Nebraska
Resale Certificate
No fixed dollar cap
10 days
Required by statute
Iowa
Resale Package
No fixed dollar cap
10 business days
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 South Dakota resale package could write itself.
The resale platform is free for the association. The requester pays for the document. No contract to sign.