HOA LAWS AND REGULATIONS

Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in South Dakota.
South Dakota Condominium Law, S.D. Cod. Laws §§ 43-15A-1, et seq.: The Act governs condominium associations that expressly elect to be governed by the Act by recording a master deed (or Declaration) with the register of deeds in the county where the property is located. See §§ 43-15A-3 and 43-15A-4.
South Dakota Nonprofit Corporation Act, S.D. Cod. Laws §§ 47-22-1, et seq.: The law governs the corporate structure and procedure of nonprofit corporations in South Dakota. If a condominium or homeowners' association is organized as a nonprofit corporation, it will be governed by the Act. Visit the South Dakota Secretary of State to find an association's corporation status.
South Dakota Human Relations Act of 1972, S.D. Cod. Laws §§ 20-13-1, et seq.: The Act was enacted to prevent and remedy discrimination in South Dakota. The Act protects people's right to access all housing opportunities without discrimination based on race, color, creed, religion, sex, ancestry, disability, familial status (the presence of children under the age of 18), or national origin, in the terms, conditions, or privileges of the sale, rental, lease, assignment, sublease, or other transfer of any real property or housing accommodation. See § 20-13-20 (Unfair or discriminatory housing practices by owner or agent). See also, § 20-13-1 (Definitions), § 20-13-20.1 (Discrimination based on familial status--"Family" defined--Application to housing accommodations), § 20-13-20.2 (Design or construction of multifamily dwellings--Access to housing units and common areas by disabled persons and wheelchairs--Prior approval of plans not required), § 20-13-21.1 (Housing--Modifications on behalf of disabled persons unnecessary--Disabled persons not relieved of obligations), and § 20-13-23.4 (Right to keep a guide dog in rented or leased residence--Violation as a misdemeanor).
These state-level protections are similar to the federal Fair Housing Act (FHA) and the Americans With Disabilities Act (ADA). Victims of housing discrimination may file a complaint with the South Dakota State Commission of Human Rights, HUD, or file a private lawsuit in federal or state court.
Recommended Reading:

WIND AND SOLAR EASEMENTS

South Dakota Easements and Servitudes, S.D. Codified Laws § 43-13-1, et seq.: The Chapter includes numerous provisions governing wind and solar easements in South Dakota. The statute provides that any property owner may grant a written wind or solar easement to another to ensure adequate exposure of a photovoltaic solar power system to the sun for a term not to exceed 50 years. § 43-13-17 (Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances), § 43-13-16.1 (Solar easement defined).
The statute also provides guidelines for the composition of the solar access easements. See § 43-13-18 (Contents of wind or solar easement instruments) and § 43-13-20.3 (Additional contents of wind or solar easement documents). See also, § 43-13-19 (Severance of wind or solar energy rights limited).
South Dakota Public Utilities Commission - The Commission is responsible for administering and regulating energy companies located in South Dakota.
South Dakota Bureau of Administration, Statewide Energy Management - The office coordinates the state's energy use.
South Dakota Department of Social Services - Energy and Weatherization Assistance - The agency helps low-income households overcome the high cost of energy by making their homes more energy-efficient.

GOVERNMENT AGENCIES

Federal Agencies - List of federal agencies with oversight authority over homeowners' associations.
South Dakota Government Portal - Search for government information by topic and agency.
- South Dakota Housing Development Authority
South Dakota State Commission of Human Rights - The Commission has the authority to investigate alleged violations of housing discrimination. It may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred.
South Dakota Real Estate Commission - The Commission is responsible for administering the Real Estate Licensing Act, the Timeshare Act, the Condominium Act, and the Subdivision Act. It also oversees the licensure, education, and discipline of real estate brokers, salespersons, auctioneers, property managers, residential rental agents, timeshare agents, home inspectors, and for registration of condominium, timeshare and subdivision projects.
South Dakota Attorney General - The attorney general's office plays an important role in protecting the state's citizens.
South Dakota Secretary of State - Information on elections, businesses, licensing, and securities.
U.S. Department of Housing and Urban Development - South Dakota

HOA INFORMATION AND DOCUMENTS

Books, Records, Minutes, and Member Lists., S.D. Cod. Laws §§ 47-24-1 (part of the South Dakota Nonprofit Corporation Act) requires nonprofit corporations (incorporated condominium and homeowners' associations) to retain specified documents, including meeting minutes, accounting information, and membership lists. All books and records of a corporation may be inspected by any member or agent or attorney, for any proper purpose at any reasonable time. § 47-24-2. See also, § 43-15A-26 (Investigation of developer suspected of violations--Examination of books--Developers to keep records available) for condominiums subject to the South Carolina Condominium Law.
South Dakota Homeowners' Association Directory - Find an association's contact information, list of active board members, articles of incorporation, and important corporation information by searching for the subdivision or community name.
South Dakota Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.
South Dakota Property Search - Gain access to all property information, including maps, lot line adjustments, surveys, deeds, and other essential property documents.

LEGAL RESOURCES

Direct link to South Dakota Codified Laws (SDCL).
South Dakota Legislature - Search your state representative and the legislation (or, "statutory law") database.
South Dakota Unified Judicial System - Find court information, self-help, forms, court documents, search cases, and legal opinions.
State Bar of South Dakota - The association provides public access to a lawyer directory, lawyer referral service, and free or low-cost legal services.
South Dakota Law Help - The organization provides legal services, tools, and information for qualifying South Dakotans.
East River Legal Services offers free legal services to veterans, senior citizens (60+), disabled persons, violence victims, and South Dakotans facing financial hardship.
American Arbitration Association - Find alternative dispute resolution (ADR) information, tools, and services.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

South Dakota HOA Laws and Resources