Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2229
(Senators Boschee, Larson, Cory)
(Representatives Ostlie, Vetter)
AN ACT to create and enact a new section to chapter 47-10 of the North Dakota Century Code, relating
to required disclosures before the sale of a condominium unit or a property subject to a
homeowners' association or a condominium project.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 47-10 of the North Dakota Century Code is created and
enacted as follows:
Required disclosures - Seller to provide.
1.As used in this section:
a."Condominium" has the same meaning as provided under section 47 - 04.1 - 01.
b."Condominium project" means a real property development or plan consisting of a
condominium.
c."Homeowners' association" means an organization making and enforcing rules and
guidelines for a residential subdivision or planned community.
2.By a mutually agreed upon date or within ten days of executing an agreement to sell or
transfer a property subject to the rules and regulations of a homeowners' association or
condominium project, the seller shall disclose in writing to a prospective buyer:
a.A statement describing the amount of the periodic common expense assessment,
maintenance fees, or other charges and any unpaid common expenses or special
assessments currently due and payable from the seller;
b.The amount of approved special assessments;
c.A copy of the bylaws, amendments, supplemental declarations, rules, or regulations of
the homeowners' association or condominium project, official minutes from the last two
meetings of the association or condominium project, and the declaration other than the
plats and plans;
d.The amount of reserve and capital funds available and committed to current or pending
projects of the homeowners' association or condominium project;
e.Whether the homeowners' association or condominium project uses a reserve study;
f.The current operating and reserve budgets and year-to-date financial statement of the
homeowners' association or condominium project and of any portions of those reserves
designated by the association or condominium project for any specified projects;
g.Any insurance documents indicating coverage provided by a homeowners' association or
condominium project;
h.A statement of any unsatisfied judgments against the homeowners' association or the
condominium project and the status of any pending lawsuits in which the association or
project is a defendant, excluding routine assessment collections; S. B. NO. 2229 - PAGE 2
i.Notice of any homeowners' association or condominium project alleged and uncured
violations pertaining to the home or unit;
j.Any fees relating to the transfer of ownership or other transactions;
k.A statement of the remedies available to the homeowners' association or condominium
project as a result of nonpayment;
l.The assessment collection policy;
m.Notice of any homeowners' association or condominium project restrictions related to the
leasing of a unit;
n.A list of homeowners' association or condominium project amenities; and
o.The contact information for the homeowners' association or condominium project or
community association manager.
3.The documents provided under subsection 2 must include information from at least the ninety
days immediately preceding the effective date of the agreement to sell or transfer a property.
4.A seller or seller's agent complying with this section is not liable for any claim or action based
on the disclosed information under subsection 1.
5.The homeowners' association or condominium project, within ten days after a request by a
seller, or the seller's authorized representative, shall furnish the documents required under
subsection 2. The homeowners' association or condominium project may charge a reasonable
fee, which must be disclosed before the final acceptance of a purchase agreement, for
furnishing any homeowners' association or condominium project documents under
subsection 2. If the requested documents under subsection 2 are not available, the
homeowners' association or condominium project shall notify the seller of the unavailability of
the documents, provided the documents are not the information requested under
subdivisions a, b, d, and f of subsection 2.
6.A buyer is not liable for any unpaid assessment or fee greater than the amount provided in the
documents prepared by the homeowners' association or condominium project. A seller is not
liable to a buyer for the failure or delay of the homeowners' association or condominium
project to provide the documents in a timely manner, but the purchase contract is voidable by
the buyer until the documents have been provided and for five days after receipt of the
documents or until conveyance, whichever occurs first.
7.If, after delivering the homeowners' association or condominium project information to the
buyer or the buyer's agent and before the date of closing for the property or the date of
possession of the property, whichever comes first, the seller becomes aware of any change of
material fact that would affect the information, the seller must furnish a written amendment
disclosing the change of material fact. S. B. NO. 2229 - PAGE 3
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2229.
Senate Vote:Yeas 44 Nays 2 Absent 1
House Vote: Yeas 87 Nays 4 Absent 3
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State