North Dakota law · Condominium Ownership of Real Property

N.D.C.C. § 47-04.1-04

Declaration of restrictions

Covered in 3 owner guides

What this section does for you

Recorded restrictions are enforceable only as 'equitable servitudes where reasonable' — the built-in standard a disproportionate or arbitrary penalty scheme has to survive.
Owner guide: Fines & violations in North Dakota
The general standard every design restriction must survive: recorded restrictions are enforceable only as 'equitable servitudes where reasonable.'
Owner guide: Architectural review in North Dakota
Restrictions bind only as 'equitable servitudes where reasonable' — equity's defenses, including waiver and estoppel from uneven enforcement, are built into the enforcement standard itself.
Owner guide: Selective enforcement in North Dakota

The statutory text

Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.

The owner of a project, shall, prior to the conveyance of any condominium therein, record a declaration of restrictions relating to such project, which restrictions shall be enforceable equitable servitudes where reasonable, and shall inure to and bind all owners of condominiums in the project. Such servitudes, unless otherwise provided, may be enforced by any legal or equitable owner of a condominium in the project.