South Dakota HOA Fines: No Fine Statute, Authority Comes Entirely From the Declaration

No South Dakota statute addresses HOA or condominium fines. The Condominium Act, SDCL ch. 43-15A, is a developer-registration and recordation statute and says nothing about monetary penalties for rule violations. The Nonprofit Corporation Act, SDCL ch. 47-22 to 47-28 - which governs most associations organized as nonprofit corporations - defines board and member powers but creates no fining authority and sets no cap or due-process steps. Because there is no statute on point, an association's power to impose a fine, the amount, and any required notice or hearing must come from the recorded declaration and the board's adopted rules. Where the governing documents are silent, an association generally has no inherent statutory power to fine, and a disputed penalty is tested against the declaration and a reasonableness standard under common law.

No specific statutory penalty. A fine is valid only if the recorded declaration and bylaws authorize it; an unauthorized or unreasonable fine can be challenged as exceeding the association's contractual authority. Unpaid valid fines may be collected only as the governing documents allow.