Can You Have Pets in Condos in North Dakota? What Owners Need to Know
September 17, 2026
Owning your condo unit outright in North Dakota does not automatically mean you own the right to keep a pet inside it. If you’re wondering whether you can have pets in condos in North Dakota, the honest answer is that it depends far less on state law than most buyers expect, and far more on a document you may have skimmed at closing: your association’s recorded declaration.
North Dakota gives condo associations and homeowners associations wide latitude to write their own pet rules, provided those rules don’t cross into federal fair housing territory. Below, you’ll find out what state statutes actually cover, what your governing documents control instead, and what to do if your board changes the rules after you’ve already moved in with your dog or cat.
Can a Condo or HOA Ban Pets in North Dakota
Yes. In most North Dakota communities, the association can legally ban pets outright, restrict them by breed or size, or cap how many you’re allowed to keep. Homeowners’ associations in North Dakota are not governed or regulated by any government act, while condo associations are regulated by the Condominium Ownership of Real Property Act, whose rules don’t apply to HOAs. That regulatory gap is exactly why board authority runs so wide.
Community associations have the freedom to create and enforce as many or as few regulations as they desire, so long as those regulations don’t contradict state or federal law. A pet ban, a two-pet maximum, or a 25-pound weight limit are all fair game unless a specific clause conflicts with the Fair Housing Act or another statute.
This mirrors what happens on the rental side of the market. Neither North Dakota law nor the ADA covers ordinary pets, which means landlords are free to set whatever pet policy they choose for a standard rental unit — you can read more in this breakdown of whether North Dakota landlords can ban pets. The same logic that protects a landlord’s “no pets” clause protects a condo board’s pet ban.
Important Note: “Condo” and “HOA” aren’t legally interchangeable in North Dakota. HOAs fall under the North Dakota Nonprofit Corporations Act via the Planned Community Associations framework, and that act does not apply to condominiums — condos are governed instead by the North Dakota Condominium Ownership of Real Property Act. Which law applies to your building changes how disputes get resolved.
What North Dakota Law Says About Pet Restrictions
Condominium ownership in North Dakota is guided by the North Dakota Condominium Ownership of Real Property Act, which requires a declaration of restrictions to be recorded before any units are conveyed, creating enforceable equitable servitudes that are designed to be reasonable and bind all owners. You can find this law under Title 47, Chapter 47-04.1 of the North Dakota Century Code.
No North Dakota statute sets a statewide cap on how many pets a resident can own. North Dakota does not have a statewide residential pet limit — states like North Dakota, South Dakota, and Kansas follow local-rule frameworks where the municipality or county, not the state, sets residential pet limits, and you won’t find a number in the Century Code that tells every resident how many dogs or cats they may own.
Instead, state law provides the authority for local governments to act, and under North Dakota Century Code § 40-05-01, municipalities have broad power to enact ordinances on animal matters. That’s a separate layer from your city or county zoning rules on pet numbers, which can stack on top of whatever your declaration says.
Fair housing protections run underneath all of this. The North Dakota Housing Discrimination Act prevents housing discrimination based on color, national origin, race, age, sex, religion, familial status, disability, marital status, or public assistance status, serving as the state’s answer to the federal Fair Housing Act and the Americans with Disabilities Act. A board can ban pets generally, but it can’t use a pet policy as cover for discriminating against a protected resident.
What Your Governing Documents (CC&Rs/Bylaws) Control
Once you own a unit, the declaration and bylaws — not the Century Code — become your day-to-day rulebook. Every association’s governing documents typically include Articles of Incorporation, Bylaws, a Declaration of Covenants, Conditions and Restrictions, and other adopted rules. Pet policy usually lives in the CC&Rs, though boards can also pass standalone pet resolutions if the declaration allows it.
| Document | What It Typically Controls |
|---|---|
| Declaration (CC&Rs) | Core pet allowances, breed or number limits, recorded before units are sold |
| Bylaws | How the board votes on pet rule changes and enforcement procedures |
| Board Resolutions | Day-to-day clarifications, such as leash requirements in common areas |
| Articles of Incorporation | The association’s legal structure and authority to adopt rules at all |
These aren’t private files. In North Dakota, HOA governing documents are public records, and homeowners can visit the county recorder’s office to find documents like amendments and bylaws. If your association won’t hand over a current copy, the recorder’s office is your backup.
Rules inside a declaration often go further than municipal leash law requirements, adding common-area restrictions, designated pet relief areas, or elevator etiquette that city ordinances never touch.
Pro Tip: Before you buy, ask the seller’s agent for the full recorded declaration and any amendments — not just a summary. Pet rules are frequently updated after the original declaration is filed, and only the county recorder’s file reflects the current version.
Number, Breed, and Size Restrictions in North Dakota
Because North Dakota has no statewide residential pet limit and leaves the number question to local rule, your condo board effectively fills that void with its own caps. It’s common to see declarations limiting units to one or two pets, capping weight at 25 or 35 pounds, or banning certain dog breeds outright.
Associations, like landlords, may target specific breeds perceived as aggressive, such as pit bulls or rottweilers. If your household includes a bully-breed dog, it’s worth reviewing local pit bull laws in North Dakota alongside your declaration, since city ordinances and association rules don’t always align.
| Restriction Type | Common Example |
|---|---|
| Number limits | One or two pets per unit |
| Breed restrictions | Bans on pit bulls, rottweilers, or other breeds labeled “aggressive” |
| Size or weight limits | Caps around 25–35 pounds per animal |
| Species or type bans | Prohibitions on exotic, wild, or venomous animals as pets |
Cats generally face fewer restrictions than dogs in most declarations, though number caps still apply. If you’re weighing which cat to bring into a restricted building, this rundown of popular cat breeds in North Dakota is a useful starting point before you commit.
Exotic pets face the tightest scrutiny. Many declarations exclude anything outside conventional dogs, cats, and small caged animals, which can sweep in a pet as ordinary-seeming as a domesticated hedgehog (Atelerix albiventris) — worth checking against your own hedgehog ownership rules in North Dakota before you assume it’s allowed. Declarations also commonly exclude anything the board considers wild or dangerous, a category that can extend to the animals covered in this guide to venomous animals in North Dakota.
Breed bans carry real liability stakes beyond eviction risk. If your dog bites a neighbor or a guest inside a restricted-breed building, you could face both an association violation and a personal injury claim — a scenario covered in more detail in this look at what happens if a dog bites someone in North Dakota.
Service Animals and Emotional Support Animals in North Dakota
Service animals and emotional support animals sit outside ordinary pet policy entirely. An HOA or condo association cannot bar an emotional support animal when a resident has a valid ESA letter and a disability-related need under the Fair Housing Act, since reasonable accommodation is federally required for housing providers, including HOAs and condo associations.
A “no pets” rule, breed restrictions, and pet fees do not override federal law once an ESA qualifies for accommodation. That means the weight cap or breed ban that applies to your neighbor’s dog doesn’t apply to a documented assistance animal.
| Animal Type | Governing Law | Where Protected |
|---|---|---|
| Service Animal | Americans with Disabilities Act | Housing and most public accommodations |
| Emotional Support Animal | Fair Housing Act / N.D. Cent. Code § 47-16-07.5 | Housing only, not general public spaces |
Documentation rules still apply. Under North Dakota law, an association can ask for reliable documentation from a physician or medical professional about the disability and the need for the animal, but state rental property law bars demanding that proof if the disability-related need is already apparent or known. You can find the full statutory language reviewed in this Nolo overview of North Dakota service and ESA law.
Breed and size rules simply don’t apply once an animal qualifies as an ESA. Boards cannot enforce breed restrictions, weight limits, or size requirements that normally apply to pets, because an ESA is considered a disability accommodation, not a pet, under fair housing law. For a deeper dive into how condo boards specifically must handle these requests, see this guide on ESA rules inside HOA and condo communities.
Important Note: A 2026 federal update narrowed HUD’s enforcement of the Fair Housing Act for untrained emotional support animals, but North Dakota protects ESA owners in housing under its own state law independently of that federal change, so state-level protections weren’t removed. Don’t assume a national headline about ESA rules automatically changes what your North Dakota association owes you.
What Happens If You Already Own a Pet When a Ban Is Introduced
Buying into a pet-friendly building doesn’t guarantee your pet stays welcome forever. Declarations can be amended after you close, and a declaration functions as a contract among property owners in the community, where owners jointly agree to accept certain obligations and restrictions on how properties can be used — including obligations adopted after your purchase date, if the amendment process was followed correctly.
Whether your current pet is grandfathered in depends entirely on the language your board used when adopting the new rule. Some declarations explicitly exempt existing pets while banning future ones; others apply retroactively and give owners a compliance deadline instead. There is no North Dakota statute that automatically protects a pet you owned before a ban took effect — the protection, if any, has to come from the amendment’s own text.
Important Note: Because grandfathering isn’t guaranteed by state law, get the exact amendment language in writing and, if the situation is high-stakes, have a North Dakota attorney familiar with community association law review it before you assume your pet is safe.
Even with a grandfather clause, an existing pet can still trigger enforcement through nuisance complaints — a noisy dog or a cat that wanders into common areas can prompt board action independent of the ban itself, similar to the disputes covered in this guide on neighbor and cat nuisance laws in North Dakota.
What to Do If You Disagree With Your HOA’s Pet Policy
Disagreeing with a pet rule doesn’t mean you’re stuck. North Dakota gives owners several concrete paths before litigation becomes necessary.
- Pull the current declaration and amendment history. Nonprofit corporations, including incorporated condominium and homeowners’ associations, must keep complete copies of articles, bylaws, accounting records, voting agreements, and meeting minutes for six years, and a member may inspect these records for any proper purpose at a reasonable time.
- Confirm the amendment vote was valid. Ask the board for the recorded vote count and compare it against the threshold required in your bylaws.
- Raise the issue formally at a board meeting. Put your objection in writing and request it be entered into the minutes, which creates a paper trail if the dispute escalates.
- Use alternative dispute resolution before suing. The American Arbitration Association offers alternative dispute resolution information, tools, and services that many North Dakota associations use to resolve pet policy conflicts without going to court.
- File a discrimination complaint if the policy targets a protected class. Victims of housing discrimination can lodge a complaint with the U.S. Department of Housing and Urban Development or the North Dakota Department of Labor & Human Rights.
If you’re unsure where your association’s documents are even filed, the Homeowners Protection Bureau’s North Dakota resource page lists the state’s HOA directory and recorded document search tools by county. For a broader look at how North Dakota’s HOA framework compares across community types, this overview of North Dakota HOA laws is a solid starting reference, alongside this breakdown of condo versus HOA regulation differences in North Dakota.
Most pet disputes get resolved long before a courtroom, but knowing your documents, your deadlines, and your fair housing rights up front puts you in a far stronger position than hoping your board changes its mind on its own.