North Dakota Condo & HOA News
- Classifying Mortgages and HOA Super Liens August 24, 2024Across the country, numerous states have passed uniform community housing statutes that create liens for homeowner’s associations against units in their communities for unpaid assessments. These liens are typically automatically enforceable upon failure to pay an assessment. Once enforceable, the liens can obtain “super priority” status over other lien holders. The super priority lien of an association has been the source of much litigation, across multiple jurisdictions, between associations and mortgage holders. Read the article…………………………….
- Early morning West Fargo fire rips through multi-unit condo (ND) November 22, 2023A West Fargo fire displaced several residents after it ripped through a condo building. A spokesperson with the City of West Fargo says they fire began at approximately 3:45 a.m. Wednesday morning at 237 12th ½ Avenue East. Crews arrived to large flames and smoke pouring from the roof of the building. A ladder truck was used to put out the fire, which burned over five hours. Crews remain on scene to ensure a blaze does not restart. Read the ...
- Bismarck Fire Department responds to early-morning condo fire (ND) February 12, 2023According to a report from the BFD, at approximately 3:40 a.m, the Central Dakota Communications Center received a report of a fire in a condominium in the 100 block of Bismarck’s Riverside Park Road. As they arrived on the scene, Bismarck fire crews found a smoldering fire Read the article………………………..
- BFD responds to attic fire in 3-story condo building (ND) September 12, 2022The Bismarck Fire Department was called to a Bismarck condominium building on Saturday, September 10, after a fire broke out in the attic of the building. Read the article………………………..
- Bismarck Fire Department responds to fire at condo (ND) June 20, 2021The Bismarck Fire Department responded to a fire at a condo Saturday afternoon. Fire officials say they received a report of an explosion and a deck on fire in the 1100 block of Jefferson Avenue just before 4:30 p.m. Read the entire article……………………………….
- Grand Forks condo complex heavily damaged by fire (ND) April 7, 2021The Grand Forks Fire Department battled a south side condo fire Tues. afternoon. Crews were notified of the blaze shortly before 12:30. Flames were visible from the roof area of Unit C of the Cherry Arms Condominiums on the 3400-3500 block of Cherry St. Multiple trucks were utilized in extinguishing the fire at the twelve-plex building. Read the entire article……………………………….
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North Dakota Condo & HOA Articles
- No Super Lien for You: New Case on the Priority of HOA Liens in North DakotaIn a case of first impression, the North Dakota Supreme Court ruled that, despite the language of a declaration of covenants and restrictions to the contrary, a homeowners’ association (HOA) lien for unpaid assessments does not have super priority over a later recorded mortgage. In the Industrial Commission of North Dakota v. Gould, 2024 ND 32, the developer of a housing project recorded a declaration of covenants and restrictions with regard to the homes in the project. Read the article…………………………….
- Recent Short-Term Rental Case (SD)The Supreme Court of South Dakota recently ruled upon a short-term rental case involving a community association. In Wilson v. Maynard, No. 29307 (S.D. Jun. 16, 2021), the community association’s declaration only permitted “residential purposes”. After the Maynards began renting their property to large groups as a short-term rental, a neighbor (Wilson) file suit alleging that the short-term rentals unambiguously constituted a commercial purpose. The trial court, court of appeals and the Supreme Court all found that short-term rentals are ...
- CAI Best Practices: EthicsSimply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply questions of “Should Bob steal from Jack?” or “Should Jack lie to his boss?”
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