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Live in an HOA? The Idaho legislature quietly created a new HOA act: here’s what’s included

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The Idaho Legislature quietly revamped the state’s laws relating to homeowner’s associations this session.

The bill passed the House overwhelmingly, with a vote of 63-3, and the Senate 34-1, was signed by Gov. Brad Little late last month.

[‘Donut holes’ & ‘taxation without representation’: New Idaho law impacts CIDs – including Harris Ranch and future areas]

The bill takes several pieces of Idaho code and consolidates them into a new Homeowner’s Association Act. Along with a number of previous provisions, it adds new requirements for HOA meetings and financial disclosure.

Each member of an HOA must be given a rundown of fees each year on or before January 1. The HOA must also provide a copy of the association’s financial statement to all members each year. And, HOA members can ask for an “up-to-date financial disclosure” at any time, which must be provided within ten days.

The code, now in one place, makes it easier for HOA board members, administrators, and residents to see and understand several pieces of Idaho Code on HOAs. Idaho code trumps any HOA rules or CC&Rs, which means the following provisions can’t be enforced by an HOA:

  • Solar panels cannot be prohibited, though some rules on location and “reasonable” restrictions on design are allowed.

  • Political signs can’t be outlawed on homeowner property, unless they threaten public health and safety, violate other laws, or are “accompanied by sound or music.”

  • Flags of the state, the US, branches of the military, or POW/MIA can’t be prohibited. The code sets forth a number of stipulations, though.

  • HOAs cannot add restrictions on rentals to properties without the agreement in writing of a property owner. However, if the restriction is in the covenants, conditions, and restrictions signed when the property is purchased, they are valid and enforceable.

Idaho’s new HOA Act will go into effect on July 1st.

Don Day - BoiseDev Editor & Founder
Don Day - BoiseDev Editor & Founder
Don is the founder and publisher of BoiseDev. He is a National Edward R. Murrow Award winner and a Stanford University John S. Knight Fellow. Contact him at [email protected].

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