BISMARCK — The process of buying certain types of property will be more transparent for North Dakotans after a law passed during the 2025 legislative session mandates community living associations expand on what they disclose to buyers.

While many agree that home association groups should be required to provide more information to buyers when transferring property, some say the changes are coming as a surprise and might cause some headaches.

Starting Aug. 1, homeowners and condo associations must — within 10 days of a sale — provide buyers a wide range of documentation, including any potential fees and special assessments, already approved special assessments, money committed to onsite projects and all budgetary and financial statements. The associations can go outside the 10 days if the buyer agrees to an alternative timeline.

If an association has rules against having pets, for instance, the law mandates that the rule be disclosed to a buyer before they sign on.

The other 11 forms of documentation listed in the law, which can be found

online at the North Dakota Legislature’s website under Senate Bill 2229,

are also required to be disclosed if they are available. Recent meeting minutes, insurance documents and association bylaws are some of the additional items.

If the association cannot find such documentation, or if it doesn’t exist, they must tell the buyer, according to the law.

The new provisions were not previously required in the North Dakota Century Code.

Roger Minch, a Fargo-based attorney and longtime occupant of the Towers Condominium in Fargo, said the changes were needed, but he is worried other associations are not aware of the increased requirements.

“If the board members are not complying with these laws, they’re not satisfying their fiduciary responsibility to properly manage the building and everybody’s investments in that building,” he said.

In North Dakota, community living associations are mostly volunteer-based governing bodies run by people living within the community, whereas in other states, board members are sometimes paid for their participation with the association.

Implementing the new law, which will mostly take form in added paperwork and record-keeping, will fall on the volunteer-run associations.

Minch has been either a board member or officer of his condo association since the 1970s, and said SB 2229 is the first major change to North Dakota’s community living laws he has seen. He said he cautions other associations in the state to prepare accordingly — and fast.

“It’s the first time that North Dakota is starting to get caught up with the rest of the country,” he said. “This is kind of paternalistic government, but it does supply buyers into these associations the information that they should know on their own to get before they make a buying decision.”

Much of the added burden will be picked up by realtors who have clients interested in community living, according to Sen. Josh Boschee, D-Fargo. Boschee is a Realtor and a prime sponsor of SB 2229.

“Our goal is to try to make sure that buyers and sellers can get a good deal done. We as Realtors want to be a resource for the people involved, and we recognize it makes it a little extra work, but we want to help. So invite a Realtor to your board meeting,” he said.

Contributed / North Dakota Legislative Assembly

“The law that we passed that goes into effect Aug. 1 puts us on par with most states,” he added.

Desri Neether, vice president of the North Dakota Association of Realtors, said the law is designed to protect homeowners.

“For somebody who doesn’t know about the law, when you’re first reading it, it might be a little intimidating. But really, once you get into it, for many well-run associations, this probably isn’t going to be anything new than what they’re already doing,” she said.

When it comes to enforcing the new rules, the association has created a worksheet for its Realtors to use when working with clients and community living associations, according to Neether.

“We are well aware there are going to be associations that don’t know the law exists at this point,” she said. “It’s a good opportunity to help these associations get what they need to adhere to the law. It’s a good opportunity for them to work together and get their units sold.”