South Dakota § 11-5-9 Firearms regulation--Homeowner association restriction unenforceable.

South Dakota Statutes

§ 11-5-9 — Firearms regulation--Homeowner association restriction unenforceable.

South Dakota § 11-5-9

Title 11PLANNING, ZONING AND HOUSING PROGRAMS

Ch. 11-3RESTRICTIVE CONTRACTS AND DECLARATIONS

This text of South Dakota § 11-5-9 (Firearms regulation--Homeowner association restriction unenforceable.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 11-5-9 (2026).

Text

A homeowner's association may not include or enforce a provision in a governing document that prohibits, restricts, or has the effect of prohibiting or restricting the lawful:

(1)Possession, transportation, or storing of a firearm, any part of a firearm, or firearm ammunition; or (2) Discharge of a firearm. For the purposes of this section, the term "governing documents" means a written instrument by which a homeowners' association may exercise power to manage, maintain, or otherwise affect the property under the jurisdiction of the homeowners' association. For the purposes of this section, the term "homeowners' association" means any incorporated or unincorporated association in which membership is based upon owning or possessing an interest in real property and that has the author

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A homeowner's association may not include or enforce a provision in a governing document that prohibits, restricts, or has the effect of prohibiting or restricting the lawful: (1) Possession, transportation, or storing of a firearm, any part of a firearm, or firearm ammunition; or (2) Discharge of a firearm. For the purposes of this section, the term "governing documents" means a written instrument by which a homeowners' association may exercise power to manage, maintain, or otherwise affect the property under the jurisdiction of the homeowners' association. For the purposes of this section, the term "homeowners' association" means any incorporated or unincorporated association in which membership is based upon owning or possessing an interest in real property and that has the authority, pursuant to recorded covenants, bylaws, or other governing documents, to assess and record liens against the real property of its members.