In Idaho, many planned communities are managed by a homeowners association (HOA). The laws governing HOAs in Idaho are set forth by various local and state regulations, as well as by each individual HOA’s governing documents.
Who Regulates HOAs in Idaho?
In Idaho, HOAs are regulated by the Idaho Homeowners Association Act found in Chapter 32 Section 55 of the Idaho Code. This act governs the operation, management, and rights of homeowners and neighborhoods to homeowners associations in Idaho.
Otherwise, governing documents regulate an HOA. Although every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations.
HOAs in Idaho may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
How to Find HOA Regulations in Idaho
HOA documents are not public records in Idaho. The bylaws and other governing documents are kept with the HOA and are only accessible to HOA members by written request.
Business records filed with the Idaho Secretary of State can be found by anyone online by conducting a Business Search on their website. Records include the Articles of Incorporation and other annual reports filed by the HOA.
HOA Powers in Idaho
In Idaho, HOAs have the power to:
- Impose reasonable fines
- Levy assessments for common areas
- Maintain common areas
- Foreclose on a home for unpaid liens
Additionally, HOA governing documents can grant further powers such as restrictions on membership, exterior paint colors, fencing, and parking requirements.
Can an HOA Impose Fines on a Homeowner in Idaho?
HOAs can impose fines on a homeowner in Idaho for violation of its rules and late payments on assessments. Fine amounts depend on what is listed in the HOA’s governing documents.
HOAs cannot impose fines for violations without a majority vote from the HOA members. A notice must be provided to the homeowner 30 days before the meeting to impose a fine. If the homeowner addresses and attempts to resolve the violation before the meeting, no fine may be imposed.
HOAs can also claim a lien on the homeowner’s property for unpaid assessments. The HOA is required to file a claim in the county where the HOA property is located.
The HOA must serve the homeowner five days after the lien has been recorded. The notice needs to address the type of assessments and the full amount due.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
- Installing solar panels or solar energy collectors
- Displaying political signs
- Displaying the American flag so long as it is consistent with federal law, the State of Idaho flag, POW/MIA flag, or any military branch flag
- Rentals to the property, land, or structures of the HOA
- Installing satellite dishes and antennas
An HOA’s governing documents may include reasonable rules and regulations regarding the placement and manner of display of any of the items listed above.
Can an HOA Take a Homeowner’s House in Idaho?
In Idaho, HOAs can take a homeowner’s house for delinquent payments on common assessments. HOAs have the power to place a lien on a property when the owner neglects to pay their dues. If a lien goes unresolved, the HOA can foreclose on the house.
There is no state provision on if an HOA can evict homeowners or tenants. However, if an HOA directly leases a residence to a tenant, they may be able to evict the tenant.
Evicting a tenant may be permissible if the lease was not properly authorized by the HOA. Otherwise, the HOA may have other powers or restrictions about rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Idaho?
Idaho does not have a state code that governs HOAs entering a homeowner’s property. Clauses of if, when, and how an HOA can enter a homeowner’s house will be listed in its governing documents.
Typically, an HOA may be able to enter a homeowner’s property in case of emergency, maintenance, or violation of any rules or regulations.
Except in the case of an emergency, reasonable notice should be provided to the homeowner before the HOA is to enter the property. A reasonable timeline can range depending on the reason for entry between three days and a couple of weeks.
Where Do Homeowners File Complaints Against Their HOA in Idaho?
The venue for filing a Complaint against an HOA in [state] depends on the complaint.
For complaints concerning HOA fees, a homeowner can file a complaint with the Office of the Attorney General, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Massachusetts Commission Against Discrimination, the U.S. Department of Urban Housing, or file a private lawsuit in Idaho state or federal court.
Otherwise, a homeowner with any other complaints can bring a claim in state court in the appropriate county.
Joining and Leaving an HOA in Idaho
In Idaho, there is no state code that regulates joining and leaving an HOA. These clauses are laid out in the HOA’s governing documents. Documents explaining the HOA’s membership rules and regulations should be presented at the closing for a new owner’s home purchase.
Typically, there are two types of HOAs that regulate joining and leaving clauses:
- Mandatory HOAs. When a person buys a home, they automatically become a member required to abide by any HOA rules listed in the governing documents. This usually includes that a homeowner is not able to leave the HOA freely.
- Voluntary HOAs. When a person buys a home, membership is a choice for each homeowner. If they choose to become a member, they may leave at any time by stopping their payments with the HOA.
To leave a mandatory HOA, a homeowner can sell their house or try to petition the court to have their home removed. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Idaho
The process for dissolution of an HOA in Idaho may be set forth in the HOA’s governing documents. If it is not, dissolution is approved if met by all three conditions:
- The board
- HOA members by ⅔ or majority vote
- Each person whose approval is required by the governing documents for dissolution must approve the plan in writing
HOAs are required to give notice to all members entitled to vote regarding the meeting and topic of dissolution that will require a vote. A copy of the summary or plan for dissolution should be included in the notice.
The plan of dissolution will outline all assets and debts that need to be distributed. After dissolution has been approved, the HOA must file an Articles of Dissolution with the Idaho Secretary of State. The HOA is considered dissolved upon filing.
Sources
- 1 Business Entities – FAQ
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Are bylaws filed with the Secretary of State’s Office?
No, bylaws are not filed in any public office. They are kept with the corporation’s private records.
Source Link - 2 Idaho Code § 30-30-1102
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(1) Subject to subsection (5) of this section and section 30-30-1103(3), Idaho Code, a member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in section 30-30-1101(5), Idaho Code, if the member gives the corporation written notice or a written demand at least fifteen (15) business days before the date on which the member wishes to inspect and copy.
Source Link - 3 Idaho Code § 55-3207
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(1) A homeowner’s association may levy an assessment against a lot for the reasonable costs incurred in the maintenance of common areas consisting of real property owned and maintained by the homeowner’s association. (2)(a) A homeowner’s association claiming a lien under subsection (1) of this section must file a claim in the county in which the lot or some part thereof is located… (4) This section does not prohibit a homeowner’s association from pursuing an action to recover sums for which subsection (1) of this section creates a lien or from taking a deed in lieu of foreclosure in satisfaction of the lien.
Source Link - 4 Idaho Code § 55-3206
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(1) No fine may be imposed for a violation of the covenants and restrictions pursuant to the rules or regulations of a homeowner’s association unless the authority to impose a fine is clearly set forth in the covenants and restrictions.
Source Link - 5 Idaho Code § 55-3208
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(1) No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits the installation of solar panels or solar collectors on the rooftop of any property or structure within the jurisdiction of the homeowner’s association.
Source Link - 6 Idaho Code § 55-3209
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(1) Except as otherwise provided in this section, no homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of a political sign.
Source Link - 7 Idaho Code § 55-3210
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(1) No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of: (a) The flag of the United States of America; (b) The flag of the state of Idaho; (c) The POW/MIA flag; or (d) An official or replica flag of any branch of the United States armed forces. (2) A homeowner’s association may adopt reasonable rules, subject to applicable laws or ordinances…
Source Link - 8 Idaho Code § 55-3211
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No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits the rental, for any amount of time, of any property, land, or structure thereon within the jurisdiction of the homeowner’s association, unless expressly agreed to in writing at the time of such addition or amendment by the owner of the affected property.
Source Link - 9 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 10 When You Must Allow an HOA Representative to Enter Your Unit
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…an HOA representative can enter an owner’s unit in emergency situations, or for health and safety reasons… Many HOAs also have the right to enter an owner’s unit to maintain common elements… An HOA might also have the right to enter an owner’s unit to inspect for a violation of the development’s rules or regulations. Normally this is allowed only if the HOA has good reason to believe a violation is occurring… State statutes commonly require that HOAs provide an owner with “reasonable” notice. What’s considered “reasonable” depends on the situation. For example, prior notice of between three days and a week might be reasonable for an HOA wishing to enter an owner’s unit to perform periodic common area maintenance… if immediate entrance is necessary for health or safety reasons (such as if there is a fire in the unit), minimal or no notice is probably acceptable.
Source Link - 11 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 12 Idaho Code § 30-30-1002
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… require a greater vote or voting by class, dissolution is authorized if it is approved: (a) By the board; (b) By the members, if any, by two-thirds (2/3) of the votes cast or a majority of the voting power, whichever is less; and (c) In writing by any person or persons whose approval is required… (4) If the board seeks to have dissolution approved by the members at a membership meeting, the corporation shall give notice to its members of the proposed membership meeting… the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan of dissolution. (6) The plan of dissolution shall indicate to whom the assets owned or held by the corporation will be distributed after all creditors have been paid.
Source Link - 13 Idaho Code § 30-30-1003
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(1) At any time after dissolution is authorized, the corporation may dissolve by delivering to the secretary of state articles of dissolution… (2) A corporation is dissolved upon the effective date of its articles of dissolution.
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