North Dakota Statewide Rule
North Dakota HOA Assessments & Liens: Condo Lien Under N.D.C.C. § 47-04.1-11, HOAs Rely on the Declaration
Key Facts
- Comprehensive HOA act
- None - North Dakota has no general homeowners'-association statute
- Condo assessment lien
- Yes - recorded lien on the unit under N.D.C.C. § 47-04.1-11
- Statutory foreclosure procedure
- Not specified - lien follows general real-property law
- Non-condo HOA lien
- No statute - rights come from the recorded declaration only
- Late fee / interest rate
- Not set by statute - governed by the declaration and bylaws
Summary
North Dakota has no general HOA act. For condominiums, N.D.C.C. § 47-04.1-11 makes a reasonable common-expense assessment a debt of the owner and a recorded lien on the unit. For non-condo HOAs there is no assessment-lien or foreclosure statute, so collection rights come entirely from the recorded declaration.
47-04.1-11. Liens against units for common expenses - Removal from lien - Effect of part payment. A reasonable assessment for common expenses made by the administrative body upon any condominium and made in accordance with the recorded declaration and bylaws shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such as interest, costs, and penalties, as such may be provided for in the declarations and bylaws, shall be and become a lien upon the condominium assessed when the administrative body causes such assessment to be recorded in the office of the recorder for the county in which such condominium is located. The notice of assessment shall state the amount of such assessment and other charges and the name of the record owner thereof.
Full Breakdown
North Dakota lacks a comprehensive homeowners'-association statute. Condominiums are governed by the Condominium Ownership of Real Property chapter, where N.D.C.C. § 47-04.1-11 provides that "a reasonable assessment for common expenses ... shall be a debt of the owner" and "shall be and become a lien upon the condominium assessed when the administrative body causes such assessment to be recorded in the office of the recorder." The notice must state the amount and the record owner's name. The statute does not prescribe a foreclosure procedure or lien priority, so enforcement follows general real-property lien law. For ordinary (non-condo) HOAs, no statute creates an assessment lien at all; the association's power to charge, lien, and collect comes only from its recorded declaration and covenants, enforced as contract or as equitable servitudes under § 47-04.1-04.
Violations & Penalties
An owner who fails to pay condo assessments faces a recorded lien on the unit under N.D.C.C. § 47-04.1-11, plus interest, costs, and penalties the declaration allows. In a non-condo HOA, remedies (lien, late fees, suit) depend entirely on the recorded declaration; North Dakota provides no statutory foreclosure right.
Frequently Asked Questions
Can a North Dakota HOA foreclose on my home for unpaid dues?
Does North Dakota law cap HOA late fees or interest on overdue assessments?
How does a North Dakota condo association create an assessment lien?
Sources
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