South Dakota condominium compliance — and a fabricated law we're correcting
You may have seen "South Dakota's Planned Community Act, S.D.C.L. § 43-15B" cited online as the law behind South Dakota homeowners associations. That citation is wrong. Chapter 43-15B is South Dakota's Time-Share Estates law — it has nothing to do with homeowners associations — and South Dakota has no separate HOA or planned-community statute of any kind. GnomeOwner checked the state's own codified laws directly rather than repeating what other sites say; see the correction below.
A South Dakota condominium is instead governed by the real Condominium Act, S.D.C.L. Chapter 43-15A — a genuinely thin law. Roughly two-thirds of it is a developer-side, first-sale disclosure regime that never reaches your board at all, and it says nothing whatsoever about meetings, reserves, or fidelity insurance. A non-condo South Dakota community association runs on its own recorded covenants plus the state's general Nonprofit Corporation Act, if it incorporates — not this page. GnomeOwner's calendar tracks the small number of real, ongoing board duties the Act actually contains, and shows the exact statute sentence behind each one.
There is no "South Dakota Planned Community Act" — here's what actually governs
Multiple HOA-content sites cite a “South Dakota Planned Community Act” at S.D.C.L. § 43-15B as the law governing South Dakota homeowners associations. It isn't — Chapter 43-15B is South Dakota's Time-Share Estates chapter, unrelated to homeowners associations, and no Chapter 43-15C or similar planned-community law exists either. A South Dakota condominium is governed by the actual Condominium Act, Chapter 43-15A, which comes into existence only once a developer or the co-owners voluntarily record a master deed submitting their property to it. A non-condo South Dakota community runs on its own recorded covenants and the general Nonprofit Corporation Act instead, if it incorporates.
“Whenever a developer, the sole owner, or the co-owners of a building or buildings expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated by § 43-15A-4, their desire to submit their property to the formation of a condominium established by this chapter, there shall be thereby established a condominium project.”
A few of the duties GnomeOwner tracks for South Dakota condominium associations governed by the Condominium Act, S.D.C.L. Chapter 43-15A
Every deadline here shows you the exact sentence of the statute it comes from, so you — or your attorney — can check it in seconds.
Sign management and recreation-facility contracts as the council of co-owners, not the developer
Once your condominium’s developer-signed management or recreation-facility contract — capped by law at two years — ends, your council of co-owners itself, not the developer, must be the party that signs any later management or recreation-facility contract.
“No management or recreation facility contract may be entered into by a developer for a period of longer than two years. All subsequent management or recreation facility contracts shall be made by council of co-owners.”
Confirm your master deed requires insurance and keep that coverage in force
Your condominium's master deed or lease is required by law to include a provision requiring the council of co-owners to maintain insurance on the condominium -- confirm your own master deed actually contains that clause, and keep the coverage it calls for in force.
“The provisions requiring the council of co-owners to maintain insurance on the condominium.”
Every item above is drafted from South Dakota’s statute text and shown beside the exact sentence it comes from — check any claim against the law’s own words. This page hasn’t had a full attorney review. Confirm anything you plan to act on with your own attorney or CPA; law as reflected here is current as of 2026-08-22.
The newest session-law citation found anywhere in South Dakota's Condominium Act is from 2012 (a recording-fee schedule) — this hasn't been independently checked against a live South Dakota Legislature session-law index. Confirm current law with your attorney before relying on any figure here as fully current.
South Dakota questions we hear a lot
Is there a South Dakota Planned Community Act?
No. A citation for a “South Dakota Planned Community Act” at S.D.C.L. § 43-15B circulates widely online, but Chapter 43-15B is actually South Dakota's Time-Share Estates law — unrelated to homeowners associations — and no separate HOA or planned-community statute exists anywhere in South Dakota's codified laws. A South Dakota condominium is governed by the real Condominium Act, Chapter 43-15A; a non-condo South Dakota community runs on its own recorded covenants plus the general Nonprofit Corporation Act, if it incorporates.
Does South Dakota require HOA meetings or an annual meeting?
No. Meetings simply aren't a subject the Condominium Act takes up — not for the council of co-owners, and not for any board it might have. There's no required annual meeting, no open-meeting rule, no minimum notice window, and no quorum number written anywhere in Chapter 43-15A. Whatever meeting schedule, notice, or attendance practice your association follows comes entirely from your own master deed and any bylaws you've separately adopted — the statute has nothing to say on the topic either way.
Does South Dakota require a condo reserve fund?
No — reserves go unmentioned in the statute altogether. Nothing in Chapter 43-15A sets a funding percentage, requires a reserve study, or even requires disclosing whether reserves exist at all. If your South Dakota association funds one anyway, that's entirely a board choice, not something state law asks of you — a reserve professional can help you set a target if you want one.
What does South Dakota's Condominium Act actually require of a board?
Very little, honestly. The one standing, ongoing board duty GnomeOwner found in the whole chapter: once a developer's own management or recreation-facility contract — capped by law at two years — ends, only the council of co-owners itself may sign any later such contract (S.D.C.L. § 43-15A-24). The Act also requires every master deed to include a clause committing the council of co-owners to maintain insurance, though it sets no coverage type or amount of its own — confirm your own master deed actually contains that clause.
Is GnomeOwner's South Dakota compliance calendar reviewed by a lawyer?
Every duty on this page is shown beside the exact sentence of the statute it comes from — so you can check each claim against the law's own words, right here on the page. What this page hasn't had yet is a full attorney review. It's legal information, not legal advice: confirm anything you plan to act on with your own attorney.
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