North Dakota HOA and Condo Laws, in Plain English

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.

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.