Skip to content

South Dakota State Laws

  • 4 min read

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

Primary Statutes

Condominiums — SDCL Chapter 43-15A

Developer filings, public report/public offering statement, buyer delivery & waiting period, enforcement.

SD Legislature (chapter) ·
Justia mirror

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

Corporate Acts — Title 47 (Nonprofit & Business)

Entity law often used by HOAs: formation, directors, member voting, records & inspection.

Nonprofit: Ch. 47-22 · 47-23 · 47-24
Business: Ch. 47-1A

Popular Sections (direct links)

Administrative Rules (South Dakota ARSD — Real Estate Commission)

Official ARSD pages can require JavaScript; mirrors (Cornell/Justia) are included for readability.

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.

REC — License Types
40-hr PM Course
Laws & Rules (PDF)

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

REC homepage

  • 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

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