South Dakota § 43-4-44.1 - Additional disclosure--Residential real property under a homeowners' association.
Full text of South Dakota South Dakota Codified Laws § 43-4-44.1 — Additional disclosure--Residential real property under a homeowners' association., with citation guidance and answers to common questions.
§ 43-4-44.1. Additional disclosure--Residential real property under a homeowners' association.
In attempting to sell a residential real property governed by a homeowners' association, the seller must furnish to a buyer before the buyer makes a written offer:
(1) A disclosure that the property is governed by a homeowners' association;
(2) A copy of the governing documents of the homeowners' association;
(3) A statement indicating whether there is an assessment and the amount, frequency, and purpose of any assessment; and
(4) A list of any special onetime assessments from the most recent three years.
If, after delivering the homeowners' association information to the buyer or the buyer's agent and prior to the date of closing for the property or the date of possession of the property, whichever comes first, the seller becomes aware of any change of material fact that would affect the information, the seller must furnish a written amendment disclosing the change of material fact.
This section applies to all transfers of residential real property occurring after July 1, 2024.
For the purposes of this section, the term "governing documents" means a written instrument by which the homeowners' association may exercise powers to manage, maintain, or otherwise affect the property under the jurisdiction of the homeowners' association.
For the purposes of this section, the term "homeowners' association" means any incorporated or unincorporated association in which membership is based upon owning or possessing an interest in real property and that has the authority, pursuant to recorded covenants, bylaws, or other governing documents, to assess and record liens against the real property of its members.
Source: SL 2024, ch 177, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 43-4-44.1
What does South Dakota Codified Laws § 43-4-44.1 cover?
Section 43-4-44.1 ("Additional disclosure--Residential real property under a homeowners' association.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 43-4-44.1?
A common citation format is "South Dakota Codified Laws § 43-4-44.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 43-4-44.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.