Spearfish Canyon Owners Association· Spearfish, South Dakota
Our initial scan found 3 potential issues in your governing documents.
We checked the 2 public PDFs on Spearfish Canyon Owners Association’s website against current South Dakota and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Restrictive covenant prohibiting or restricting the lawful possession, storage, or transportation of firearms and ammunition is void and unenforceable under South Dakota law.
“Prohibition of Firearms and Ammunition on Lots and Common Roads — No Owner, tenant, or guest shall possess, keep, or transport any firearm or ammunition within any residence, vehicle, or road easement…”
Why It’s Flagged
SDCL § 11-5-2
Under SDCL § 11-5-2, no homeowner's association or restrictive covenant may prohibit, restrict, or have the effect of prohibiting or restricting the lawful possession, storage, carrying, or transportation of firearms or ammunition by a property owner, tenant, or guest.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article VIII, Section 4 to conform with SDCL § 11-5-2 prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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