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North Dakota HOA reserve study requirements (2026)

No reserve study mandate; resale disclosure of reserve fund status required under § 47-10-02.3.

Governing statute
North Dakota Century Code Chapter 47-04.1 — Condominium Ownership of Real Property; § 47-10-02.3 — Resale Disclosure (reserve fund status and reserve study usage required)
Read the official text →

Quick facts

Reserve study mandate
None
Governing act
N.D. Cent. Code Ch. 47-04.1
Resale disclosure
Reserve fund status and study usage — § 47-10-02.3
Standard followed
NRSS
Lender requirements
FHA, Fannie Mae, Freddie Mac

What the law actually requires

North Dakota's Condominium Ownership of Real Property Act, found at N.D. Cent. Code Chapter 47-04.1, governs condominium formation and association operations in the state. The Act does not contain a provision specifically requiring associations to conduct a reserve study or maintain reserves at a defined funding level.

However, § 47-10-02.3 imposes a meaningful disclosure requirement: when a condominium unit is resold, the seller must disclose the amount of reserve and capital funds available, any amounts committed to current or pending projects, and whether the association uses a reserve study. This creates a practical incentive for associations to have and maintain a current study.

Boards of North Dakota associations are subject to fiduciary duties under the state's Nonprofit Corporation Act (N.D. Cent. Code Title 10). Inadequate reserve planning can constitute a breach of those duties even absent a specific reserve statute.

In practice, NRSS standards, lender underwriting (FHA, Fannie Mae, Freddie Mac), and individual governing documents drive reserve-study frequency. A Level I study every three to five years is the accepted norm.

How Apex Reserve Studio handles North Dakota

Apex Reserve Studio applies its Generic NRSS compliance jurisdiction to North Dakota properties by default, producing a reserve study with percent-funded analysis, a 30-year cash-flow projection, and a three-tier funding plan that satisfies the § 47-10-02.3 resale disclosure trigger.

A North Dakota-specific module covering jurisdiction-specific disclosure language can be added on request — email sales@apexreservestudio.com.

Built-in North Dakota compliance.

Select N.D. Cent. Code Ch. 47-04.1 and § 47-10-02.3 from the Compliance Jurisdiction dropdown and Apex's PDF builder produces the right disclosure format automatically. Engine math is identical across jurisdictions — only the deliverable changes.

Frequently asked questions — North Dakota

Does North Dakota require an HOA or condo reserve study?

No statute mandates one, but N.D. Cent. Code § 47-10-02.3 requires sellers to disclose whether the association uses a reserve study and the current reserve fund balance. Associations without a study face awkward disclosures at resale.

What does the North Dakota resale disclosure require about reserves?

Under § 47-10-02.3, sellers must disclose the amount of reserve and capital funds available and committed to projects, and whether the association uses a reserve study. This disclosure applies to condominium unit resales.

What standard do North Dakota reserve studies follow?

The National Reserve Study Standards (NRSS) from the Community Associations Institute are the benchmark. A Level I Full study with site inspection is recommended every 3-5 years.

Do lenders require a reserve study in North Dakota?

Indirectly. FHA and Fannie Mae/Freddie Mac guidelines require adequate reserves for condo-project approval. A missing or outdated study can disqualify a community from conforming-mortgage eligibility.