Updated September 5, 2026. Quick answer: South Dakota’s condominium chapter contains no provision at all on special assessments, vote thresholds, notice, interest, late fees, or reserves; approval and payment terms for a special assessment in a South Dakota condo or subdivision HOA come entirely from the recorded declaration/CC&Rs, not from a dedicated statute.
Key statute: S.D. Codified Laws ch. 43-15A (South Dakota condominium law); South Dakota has no dedicated statute for non-condominium homeowners associations
How South Dakota lets an association approve it
We read the full table of all 30 sections of SDCL ch. 43-15A (43-15A-1 through 43-15A-30) and found no section addressing an association’s or board’s power to levy, or any required owner vote for, a special assessment. The chapter’s actual scope is condominium formation, master deeds/leases, developer disclosure/inspection procedures, and recording. South Dakota also has no separate homeowners-association or common-interest-community act, so a non-condo HOA’s assessment power comes purely from its recorded declaration and, if incorporated, general nonprofit-corporation law.
The notice you’re owed
Silent. SDCL ch. 43-15A contains no notice requirement tied to assessments of any kind.
Paying it: plan, interest, and late fees
Silent. No installment-payment right, interest rate, or late-fee rule appears anywhere in the chapter.
The chapter’s only lien provision, SDCL § 43-15A-29, is a construction-lien apportionment rule, not an assessment-collection lien: “A lien holder who contributes to the erection, alteration, repair, or other general improvement of a single development of condominiums shall apportion his demand among the condominiums affected and shall assert a lien for a proportionate part upon each and upon the ground appurtenant to each respectively.” There is no statutory assessment lien or association foreclosure remedy in this chapter.
Does South Dakota require a reserve study?
No. Nothing in SDCL ch. 43-15A mentions a reserve study, reserve fund, or capital-funding plan.
Honest gaps
South Dakota’s is one of the thinnest statutory frameworks among the states reviewed for this family; it has never enacted a UCA/UCIOA-style condo or HOA act, so essentially every topic here (approval mechanism, notice, payment terms, reserves, lien rights) is left to each community’s declaration and, for incorporated associations, the general Nonprofit Corporation Act (SDCL Title 47), which we did not independently review.
Source note. Read from https://sdlegislature.gov/api/Statutes/43-15A.html?all=true on September 5, 2026.
Related: HOA rules in a 55+ community · how a special-assessment foreclosure actually works · lump sum vs. a payment plan.
General information drawn from each state’s own statutes as read at its official legislature or code-publisher site (or a verbatim codified mirror where noted), not legal advice. Special-assessment law is state law, and every association’s own declaration and bylaws add rules on top of the statutory floor described here. We are not a law firm and this is not legal advice.