South Dakota Community Association Laws
Condos (SDCL Ch. 43-15A), general property (Title 43), nonprofit corporate acts (Title 47), landlord-tenant (Ch. 43-32), Real Estate Commission rules (ARSD 20:69). Reference hub
South Dakota is a light-touch state for HOAs: most non-condo communities run on their recorded covenants and the nonprofit corporation statutes, not a stand-alone HOA act. In contrast, condominiums face formal state oversight—developers must file with the Real Estate Commission and deliver a public report/public offering statement before binding sales. Mobile/manufactured home issues are handled under the general landlord-tenant chapter. Net effect: boards have wide latitude but should follow corporate formalities and plain-language procedures; owners often rely on their governing documents and member-inspection rights to resolve disputes.
At a glance
- Condos: Ch. 43-15A with Real Estate Commission oversight (filings & public reports).
- HOAs (non-condo): Governed by recorded covenants + nonprofit corporate acts (Title 47); targeted disclosures exist.
- Co-ops: Organized under general cooperative law (Ch. 47-15); no housing-specific act.
- Landlord-Tenant: Ch. 43-32 (includes provisions touching manufactured home communities).
- Manager licensing: No CAM-specific license; SD has a Property Manager license under the Real Estate Commission.
Primary Statutes
Condominiums — SDCL Chapter 43-15A
Developer filings, public report/public offering statement, buyer delivery & waiting period, enforcement.
Homeowners’ Associations (no stand-alone act)
Most HOAs operate via declarations/plat + nonprofit corporation law; specific disclosure duties exist for sales in HOA-governed property.
Property & conveyance: Title 43 ·
HOA disclosure: § 43-4-44.1 ·
Nonprofit corp. law: Ch. 47-22, 47-23, 47-24
Cooperatives — SDCL Chapter 47-15
Formation, bylaws, and powers for cooperatives (including potential housing co-ops).
Landlord-Tenant — SDCL Chapter 43-32
General residential leasing; includes security deposits, entry notice, retaliation, and manufactured home community topics.
SD Legislature (chapter) ·
Chapter index (API viewer) ·
AG summary PDF
Corporate Acts — Title 47 (Nonprofit & Business)
Entity law often used by HOAs: formation, directors, member voting, records & inspection.
Popular Sections (direct links)
Condominiums (Ch. 43-15A)
HOA-relevant (Title 47 & disclosures)
Administrative Rules (South Dakota ARSD — Real Estate Commission)
Official ARSD pages can require JavaScript; mirrors (Cornell/Justia) are included for readability.
Condominiums (Article 20:69:07)
Property Managers (20:69:14)
General REC Rules
Manager Licensing (Real Estate Commission)
Do HOAs need a CAM license?
- No separate CAM license. SD regulates property managers under REC rules and SDCL 36-21A.
- Those who negotiate leases, collect rents, or manage rentals for others generally need a Property Manager license (restricted broker) and a written management agreement.
Handy condo resources (REC)
Governing Documents & Overlays
- Governing documents: Articles, recorded plats, Declaration/CC&Rs, Bylaws, Board Rules/Resolutions.
- Federal overlays: Fair Housing Act, ADA (where applicable), FDCPA (collections), FCC OTARD (antennas), etc.
- State/local overlays: Building codes, landlord-tenant rules, local ordinances.
- Conflicts: Statutes and recorded covenants control; use nonprofit corporate procedures for meetings, records, and votes.
Regulator & Help
South Dakota Real Estate Commission
- Scope: Administers the Real Estate Licensing Act, Condominium Act, Timeshare & Subdivision Acts.
- Phone: (605) 773-3600
- Address: 221 W. Capitol Ave., Suite 101, Pierre, SD 57501
Attorney General — Consumer Protection
- Landlord-tenant info & complaints (general consumer issues).
- Phone: (605) 773-4400 · Toll-free: 1-800-300-1986
- Info: Landlord/Tenant Fast Facts · Contact
Disclaimer
This page is a general reference and not legal advice. Laws and rules change; always verify the current text on the official linked sites and consult qualified counsel for your situation.
Last updated: September 10, 2025