South Dakota HOA Special Assessment Rules (2026)
SDCL § 43-15A (South Dakota Condominium Act) · Last reviewed 2026
A special assessment is a one-time charge levied by an HOA board to cover an unexpected or deferred expense not covered by the operating budget or reserve fund. Below are the key rules that govern how South Dakota HOAs may levy special assessments and what rights homeowners have.
Key facts at a glance
Can levy without member vote
Board may levy special assessments as authorized by the declaration; no statewide cap.
Not required by statute
Trigger: Only if required by the community's declaration or bylaws
10 days
Advance written notice to members before assessment levy
Available
Emergency assessments may be levied for imminent threats to common property or safety.
- Board authority to levy is set by the declaration
- No statewide cap on special assessment amounts
- 10-day advance notice to members is standard
- Emergency assessments may bypass standard notice
- Disputes resolved per governing document procedures
Homeowners may challenge assessments through the dispute process in the governing documents.
Pending special assessments should be disclosed in resale documents. Lenders review for large pending assessments during underwriting.
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Start 14-Day Free TrialThis page provides general legal information only — not legal advice. HOA special assessment laws vary by community type (planned community, condominium, cooperative, etc.) and are subject to change. The information on this page is based on statutes in effect as of 2026 and may not reflect recent legislative changes. Always consult a licensed HOA attorney and review your governing documents before taking action.