(HOUSE BILL NO. 703. Idaho Code Chapter 32 Section 55-3201 – 55-3211)
We’ve all heard about or experienced the extremes of Homeowners Associations (HOA’s), and you either love them, deal with them or strongly disapprove of them. The Idaho Legislators stepped in earlier this year, giving the HOA’s a little less power over what they can enforce. In the first Legislative Session of 2022, the House passed the Homeowner’s Association Act with an overwhelming majority vote of 63-3 and the Senate 34-1. With the signing of the Bill by Governor Little, it took effect on July 1, 2022.
Why are we chatting about HOA’s in this month’s blog? With the Treasure Valley’s recent growth spurt, we’ve watched neighborhoods pop up left and right, leading to an increasing number of Idahoans residing within the confines of an HOA’s rules and regulations. We believe it’s essential to know your rights and be involved in your community’s association. So, let’s review a few key points in this new Idaho law.
Fees and Financial Statements:
Each household of the HOA must be given a rundown of fees each year before January 1. The HOA must also provide all members a copy of the association’s financial statement each year.
Disclosures:
HOA members can ask for an updated financial disclosure at any time and the HOA must provide it within 10 days.
Imposing of Fines:
Homeowner’s associations may not impose fines against members for covenant or rule violations unless their governing documents explicitly allow them to do so. Additionally, HOAs must follow specific procedures before imposing a fine, such as a majority board vote, written notice, etc.
Solar Panels:
Homeowner’s associations can’t prohibit members from installing solar panels, but they can regulate the placement and materials with reasonable rules.
Political signs:
Political signs can’t be prohibited on a homeowner’s property. However, HOAs may adopt reasonable rules regulating the size, number, place, time, and manner of display.
Flags:
The following Flags cannot be prohibited: US, State, branches of the military, POW/MIA.
Rental Properties:
HOAs cannot add restrictions on rental properties without the written agreement of a property owner. This is a big one in the world of short-term rentals such as Air BNB. However, note that pre-existing signed restrictions in the CC&Rs when the property is/was purchased are valid and enforceable.
Schedule Your 30 Minute Free Initial Consult.
If you, or someone you know, is concerned about a State of Idaho Homeowners Association situation concerning the new HOUSE BILL NO. 703. Idaho Code Chapter 32 Section 55-3201 – 55-3211 law please feel free to schedule a free 30 minute consultation with Dean Law. Our specialization in Idaho HOA Law offers the expertise and support you need that can pave the way to a fair and just outcome.
