North Dakota Statewide Rule
North Dakota Limits on HOA Power: Political Signs Protected in Condos, No Solar-Rights Statute
Key Facts
- Political yard signs (condos)
- Protected - covenant may not prohibit them (N.D.C.C. § 47-04.1-14)
- Solar panels
- No solar-rights law - § 47-05-01.1 only allows a voluntary written easement, does not bar HOA bans
- Clotheslines
- No North Dakota statute - HOA may restrict via the declaration
- EV charging
- No North Dakota statute - HOA may restrict via the declaration
- U.S. flag
- No HOA-specific flag statute identified - declaration controls
Summary
North Dakota places almost no statutory limits on HOA authority. N.D.C.C. § 47-04.1-14 bars a condominium covenant from prohibiting a political yard sign. The solar-easement law (§ 47-05-01.1) only lets owners create a voluntary written easement - it does not stop an HOA from banning solar panels, and there is no clothesline or EV-charging statute.
47-04.1-14. Covenant, declaration, bylaw, or other rule may not prohibit display of political signs. Notwithstanding any provision in a covenant, declaration, bylaw, or other rule of a project, an owner or resident may not be prohibited from displaying a political yard sign on the owner's property within sixty days before any primary, general, or special election. A covenant, declaration, bylaw, or rule may include reasonable restrictions regarding the placement and manner of display of political signs.
Full Breakdown
The clearest statutory override is N.D.C.C. § 47-04.1-14, which provides that "notwithstanding any provision in a covenant, declaration, bylaw, or other rule of a project, an owner or resident may not be prohibited from displaying a political yard sign," applicable to condominium projects. On solar, North Dakota has a solar-easement chapter, but N.D.C.C. § 47-05-01.1 merely allows an "easement obtained for the purpose of exposure of a solar energy device" to be "created in writing" with the usual recording requirements; § 47-05-01.2 lists what such an instrument must contain. Critically, the chapter does not void HOA restrictions or guarantee solar access - it does not mention associations, covenants, or any prohibition on banning solar collectors. North Dakota also has no statute shielding clotheslines, electric-vehicle charging stations, or (for non-condo HOAs) signs from association restriction, so for those topics the recorded declaration controls.
Violations & Penalties
A condominium covenant that prohibits a political yard sign is overridden by N.D.C.C. § 47-04.1-14. For solar panels, clotheslines, or EV charging, North Dakota provides no statutory override, so a restrictive covenant generally remains enforceable through the declaration.
Frequently Asked Questions
Can a North Dakota HOA stop me from installing solar panels?
Can my North Dakota condo association ban political yard signs?
Does North Dakota protect clotheslines or EV chargers from HOA rules?
Sources
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