SmartProperty® helps North Dakota HOAs and condominiums plan and fund their reserves. The condominium chapter doesn’t require a study, but it does make the board responsible for maintaining common elements. Your own documents may add a reserve requirement.
Jan 4, 2027Fannie Mae’s 15% reserve minimum takes effect for condo loans
NDCC 47-04.1-07Bylaws must provide for maintenance of the common elements
No mandateNorth Dakota law doesn’t require a reserve study or a minimum balance
WHAT NORTH DAKOTA REQUIRES
No study requirement. Real duties all the same.
Our guide reviews NDCC Chapter 47-04.1, the condominium chapter. It doesn’t mention reserve studies, so the standard comes from maintenance duties, reasonable assessments and your own documents.
NDCC 47-04.1 · CONDOMINIUM OWNERSHIP
No study, but a duty to maintain
The chapter doesn’t use the terms “reserve study” or “mandatory replacement fund,” and sets no funding formula.
Owners or the board must provide by bylaws for maintenance of the common elements (§ 47-04.1-07).
The association may levy reasonable assessments, which become a lien if unpaid (§ 47-04.1-11).
GOVERNING DOCUMENTS · THE BOARD’S DUTY
Your declaration may supply the mandate
Many declarations require the board to establish and maintain a reserve fund for maintenance, repair and replacement.
If yours does, a board that doesn’t fund it can be in breach of that obligation.
Board members are fiduciaries, and acting on a professional study supports a business judgment defense.
Our guide estimates asphalt lasts 15 to 18 years in North Dakota versus 20 to 25 nationally, and notes that de-icers add stress to concrete. Useful lives should reflect local conditions, not national averages.
“Reasonable” assessments need support
The statute lets the association levy reasonable assessments. If a board skips saving and then levies a large special assessment, an owner can argue it isn’t reasonable, and a study is the board’s evidence that it was.
Warrantability depends on reserves
Lenders ask about reserve funding and deferred maintenance. Fannie Mae’s 15% reserve minimum applies to condo loans dated on or after January 4, 2027, or the budget must fund a current study’s highest recommended contribution.
HOW SMARTPROPERTY HELPS
Compliance is the floor. Funding stability is the goal.
Full reserve studies and updates
A site-inspected study to start, then updates as costs and conditions change, so the board always has a current plan.
A plan that stays current
The Living Reserve Study® updates as projects are completed and costs change, so your plan is ready for the next update or budget.
Funding options the board can compare
Model higher contributions, special assessments, loans or lines of credit side by side before you take a recommendation to owners.
Numbers you can explain
Atlas shows the cost data and useful-life assumptions behind every figure, so boards can answer owner questions with confidence.
TALK WITH SMARTPROPERTY ABOUT NORTH DAKOTA
Get your North Dakota reserve plan on solid ground.
See how the Living Reserve Study® works for your community, or tell us about your association and we’ll put together a proposal.