South Dakota's condominium chapter says nothing about an owner's right to see the association's books. The records right that matters lives in the Nonprofit Corporation Act, and it's a strong one. SDCL § 47-24-1 requires every nonprofit corporation to keep correct and complete books and records of account, minutes of the proceedings of its members, board, and board committees, and a record of the names and addresses of voting members. Section 47-24-2 then opens the cabinet: all books and records of the corporation may be inspected by any member, or the member's agent or attorney, for any proper purpose at any reasonable time. No statutory carve-outs, no waiting period, and the right extends to your attorney or accountant inspecting on your behalf. Checking how your money is spent, verifying the budget, or investigating uneven enforcement are comfortably proper purposes.
The catch is scope, not strength: the right belongs to members of an incorporated association. Confirm incorporation first with the secretary of state's business-entity search; nearly all managed associations are incorporated, but if yours isn't, your access rights come only from your covenants and bylaws. And note what the statute doesn't include: a response deadline. It says any reasonable time, so a board can't stall indefinitely, but there's no ten-business-day trigger like some states have. Put requests in writing, name a reasonable date, and build the paper trail that a court would eventually read.
What's public no matter what the board does
Two record sets don't depend on the board's cooperation at all. The master deed or lease that created a condominium, with the particulars § 43-15A-4 requires, is recorded with the county register of deeds (§ 43-15A-3), as are amendments, covenants for subdivision HOAs, and anything else recorded against your property; anyone can order copies. And for condominium projects sold under the chapter, the Real Estate Commission's public report on the project (§ 43-15A-16) was a public document by definition, worth requesting if you're reconstructing what buyers were told when the project launched.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
SDCL § 47-24-2
All books and records of an incorporated association may be inspected by any member, or the member's agent or attorney, for any proper purpose at any reasonable time.
SDCL § 47-24-1
Requires the corporation to keep complete books and records of account, minutes of member, board, and committee proceedings, and a record of voting members' names and addresses.
SDCL § 43-15A-3
A condominium exists through a master deed or lease recorded with the register of deeds, which makes the community's founding document a public record anyone can copy.
SDCL § 43-15A-16
The Real Estate Commission's public report on a condominium project, containing all material facts found in its examination, is a public document from the project's sales era.
Step by step
How to make a records request in South Dakota
A statute-anchored path to get the books, minutes, and ledgers out of a South Dakota association.
- 01
Confirm the association is incorporated
Search the South Dakota Secretary of State's business database for the association. Incorporated means SDCL § 47-24-2 applies; unincorporated means your rights come from the covenants and bylaws alone.
- 02
Put the request in writing and cite the statute
Send a dated, written request naming the records (minutes, budget, financial statements, enforcement ledger, contracts) and citing SDCL §§ 47-24-1 and 47-24-2. State your proper purpose in a sentence; reviewing the association's finances and governance as a member is enough.
- 03
Propose a specific reasonable time
The statute promises inspection at any reasonable time but sets no deadline, so name one: offer two or three dates within a couple of weeks. A board that lets them all lapse is building your record for you.
- 04
Send your agent if useful
The statute expressly allows inspection by your agent or attorney. For financial questions, an accountant reviewing the books often gets further, faster, than a confrontation at the manager's office.
- 05
Escalate a refusal
If the board flatly refuses, a written demand from an attorney citing § 47-24-2 usually ends it. If not, a court can compel inspection; the statute's breadth leaves a stonewalling board little to argue.
Straight answers
Common questions
What records can I see in a South Dakota HOA or condo association?
If the association is a nonprofit corporation, all of its books and records: accounts, minutes of member, board, and committee meetings, the membership list, contracts, and ledgers. SDCL § 47-24-2 grants inspection to any member for any proper purpose at any reasonable time, with no statutory list of exemptions.
How long does the association have to respond?
The statute sets no deadline; it promises inspection at any reasonable time. Put your request in writing, propose specific dates, and document any stalling. Repeated delay stops looking reasonable quickly, and that written record is what a court would weigh.
What if my association isn't incorporated?
Then the Nonprofit Corporation Act doesn't apply and your access rights come from your covenants and bylaws. You can still get the recorded documents themselves, the master deed, declaration, and amendments, directly from the county register of deeds.
Can they charge me for copies?
The statute grants inspection and is silent on copy fees, so a reasonable, at-cost copying charge is defensible but fees can't be used as a wall. Inspection itself, including by your agent or attorney, is the right; bring a camera or scanner if fees become the obstacle.