Start with the basics. After the next page, you can submit right away or
add more detail if you have documents and roster information ready.
Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
North Dakota has not adopted a comprehensive planned-community or common-interest ownership act, so a non-condominium HOA is generally governed by its recorded declaration of covenants and, where the association is incorporated, North Dakota's Nonprofit Corporations chapter (N.D. Cent. Code ch. 10-33). The percentage of owners needed to amend the CC&Rs is generally whatever your recorded declaration specifies, not a fixed statutory number. Amendments to recorded covenants are typically recorded with the county recorder to bind the lots.
Condominiums (Condominium Ownership of Real Property)
Condominiums are governed by the Condominium Ownership of Real Property act (N.D. Cent. Code ch. 47-04.1), an older-style statute that generally leaves the amendment vote to your governing documents rather than fixing one percentage. A change to the bylaws generally is valid only when it is set forth in an amendment to the declaration and that amendment is recorded with the county recorder (§ 47-04.1-07). The act also provides that a notified lender is generally deemed to approve an amendment if it does not respond within thirty days, except where the change affects the lender's right to enforce its mortgage (§ 47-04.1-15).
How the vote can run
For an incorporated association, North Dakota's Nonprofit Corporations chapter generally allows members to act by mailed or electronic ballot and to meet by one or more means of remote communication (N.D. Cent. Code §§ 10-33-74, 10-33-75). A ballot generally must set out each proposed action, and the solicitation must state the responses needed for a quorum, the approval percentage required, and the deadline to return it (§ 10-33-74). Member notice is generally given at least five and not more than fifty days before the meeting (§ 10-33-68).
Before we quote
North Dakota details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful North Dakota vote has to answer.
North Dakota has no comprehensive planned-community or common-interest act; non-condominium HOAs run mainly on their recorded covenants and, if incorporated, the Nonprofit Corporations chapter (N.D. Cent. Code ch. 10-33).
Condominiums are governed by the Condominium Ownership of Real Property act (N.D. Cent. Code ch. 47-04.1), an older pre-uniform-act statute.
The condominium act sets no single default amendment percentage, so the recorded declaration's amendment clause generally controls the required owner approval.
A condominium bylaw change generally is valid only when set forth in an amendment to the declaration and recorded with the county recorder (§ 47-04.1-07).
For incorporated associations, members may generally act by mailed or electronic ballot, and the ballot solicitation must state the quorum responses needed, the approval percentage, and the return deadline (§ 10-33-74).
Member meetings may generally be held by remote communication, with notice given at least five and not more than fifty days before the meeting (§§ 10-33-75, 10-33-68).
Lender approval of a condominium amendment is generally deemed given if a notified lender does not respond within thirty days, except for changes affecting the lender's right to enforce its mortgage (§ 47-04.1-15).
North Dakota statutes do not appear to impose a specific secret-ballot mandate, so ballot secrecy generally follows the governing documents and good practice.
Step 1 of 5
Your contact info
Tell us who to contact and which community needs a quote.
