Idaho Homeowner’s Association Act
Title 55, chapter 32 of the Idaho Code — the statute that governs Idaho homeowners’ associations, incorporated or not. Open meetings, a ten-year minutes rule, limits on fines and rulemaking, the assessment lien, and six things the covenants cannot reach. Full text of all fifteen sections, with a plain-language guide.
Idaho has a homeowners’ association statute, and it is newer than most. Chapter 32 of title 55 “shall be known and may be cited as the ‘Homeowner’s Association Act.’” (§ 55-3201). It was enacted in 2022 and has been amended in every session since, most recently in 2026. The legislature said why: an increasing number of Idahoans live in these communities, and the intent is “to ensure the transparent operation and inclusive management of these associations” (§ 55-3202).
Whether the Act reaches your community is a two-part test, and both parts must be met. A “homeowner’s association” is any incorporated or unincorporated residential association in which membership is based on owning or possessing an interest in real property and that has the authority, under recorded covenants, bylaws or other governing documents, to assess and record liens against members’ real property (§ 55-3203(7)(a)). Being unincorporated is not an exit. The definition also reaches past the association itself: it includes the community manager under contract and any agent with explicit or apparent authority to act for the association (§ 55-3203(7)(b)), so a management company is inside the statute, not beside it.
Meetings, minutes and the limit on rulemaking
Board meetings must be open to members, and to any representative a member designates in a signed writing (§ 55-3204(1)). A board may close the doors only by majority vote and only for five listed purposes — personnel, hiring, bid review or contract negotiation; records not subject to disclosure; legal advice; ongoing or potential litigation, mediation, arbitration or administrative proceedings; and sensitive matters about an individual member’s property or assessments. The statute then closes the obvious loophole: “The mere presence of legal counsel at a board meeting shall not justify entering into executive session” (§ 55-3204(2)(c)).
Every association, incorporated or not, must hold a membership meeting each calendar year. That meeting may be held in person or, with the approval of a simple majority of the members, through an electronic or hybrid model — a board cannot move the annual meeting online on its own (§ 55-3204(3)(a)). The association must take minutes of all meetings and keep them for a minimum of ten years, and set assessments as the governing documents provide — or, if the documents are silent, with the approval of a majority of members (§ 55-3204(3)). At the annual meeting, board members must declare any conflict of interest or familial relationship with anyone who has contracted or seeks to contract with the association (§ 55-3204(4)).
The single most useful sentence in the chapter for a homeowner is about rules. A board “may not use its power to adopt rules governing the common property to expand the provisions of the restrictive covenants as they relate to a member’s property” (§ 55-3204(5)). A rule cannot do what an amendment to the covenants would have been needed to do.
And the chapter has teeth. If the association violates any provision of it and a member prevails in a legal action to protect his rights, the member “shall be entitled to an award of reasonable attorney’s fees” (§ 55-3204(8)). That is mandatory, and it runs one way — toward the member.
Boards, proxies and the declarant
Except during the period of declarant control, only one owner per lot may serve on the board at a time (§ 55-3204B(1)) — that exception is written into the one-owner rule itself. A person may not serve alongside someone from the same household in the same primary residence (§ 55-3204B(2)(b)). Proxies are allowed under the nonprofit corporation act, but no single owner may hold proxies representing more than fifty percent of the total votes (§ 55-3204B(2)(a)). Those proxy and household limits do not apply to an association with fewer than twenty residences, or during declarant control (§ 55-3204B(3)).
Declarant turnover has a timetable — but only for associations formed after July 1, 2025. Section 55-3204A opens with that date, so it does not reach an older community. Where it applies: within 180 days after seventy-five percent of the lots are conveyed to owners other than the declarant or a homebuilder, at least one-third of the board seats must be offered for election by those owners; once ninety-five percent of the development is built and occupied the declarant must begin turning over full control and finish within twelve months. The declarant keeps architectural review during the control period unless the declaration says otherwise.
One sentence in that section is worth more to an owner than the timetable. The governing documents may create a declarant-control period during which the declarant appoints and removes board members and officers — but “[i]f the governing documents permit owner election of board members or officers during the period of declarant control, such board members or officers elected by owners may not be removed by the declarant” (§ 55-3204A(1)(a)). A seat the owners filled is not the declarant’s to take back.
Where a declarant fails or refuses to comply with subsection (1), “an adversely affected owner may seek injunctive relief to require compliance within thirty (30) days of sending a written notice to the declarant” (§ 55-3204A(3)). Read that sentence carefully before relying on it: on its face the thirty days could be the period the declarant is given to comply, or the window in which the owner must file. Idaho’s courts have not settled it, and this page does not settle it either — an owner should send the notice and act as though the shorter reading applies.
Money: statements, transfer fees and disclosure
On written request, the association or its agent must give a member a statement of the member’s assessment account within five business days, and the association is bound by the amounts in it (§ 55-3205(1)). It must show every outstanding assessment, charge and fee — including any transfer fee, late fees and accrued interest — and the amount of any transfer fee that may be charged on a transfer. No fee may be charged for that statement, and charging one “is a violation of the Idaho consumer protection act”.
A transfer fee is lawful in Idaho only in a narrow lane, and the Act keeps the association inside it. Chapter 31 of title 55 is headed Prohibition of transfer fee covenants, and its operative section — headed Real estate transfer fees unlawful — makes a transfer fee covenant recorded after that section’s effective date unenforceable against the property or any later owner or mortgagee (§ 55-3103(1)). The section was added in 2011, and it deliberately leaves older covenants unresolved rather than voiding them: “Nothing in this section shall imply that a transfer fee covenant recorded prior to the effective date of this section is valid or enforceable” (§ 55-3103(2)). An association fee escapes that only because § 55-3102(4)(f) carves it out of the definition — a fee payable to an association, used exclusively for purposes the document authorises, so long as no portion is required to be passed through to a third party. Section 55-3205(2) then imposes the same condition directly: a transfer fee may be charged only if the authority is expressly stated in the CC&Rs, only by the association, and no portion may be paid or allocated to a third party, including a board member, agent or manager.
By January 1 each year the association must give members a disclosure of the fees that will be charged. Fees for the following calendar year may not exceed the disclosed amount, and no surcharge or additional fee may be charged in connection with a transfer of ownership (§ 55-3205(2)). An updated financial disclosure is due within ten business days of a request, and a reconciled one within sixty days of the close of the fiscal year (§ 55-3205(3), (4)).
Fines, and what has to happen first
No fine may be imposed at all unless the authority to fine is clearly set forth in the covenants and restrictions (§ 55-3206(1)). Where it is, the association still needs a majority vote of the board, and the member must get written notice at least thirty days before the meeting at which the vote is to be held, served by personal service or certified mail.
Starting to fix the problem stops the fine. If the member begins resolving the violation before that meeting, no fine may be imposed as long as the member continues to address it in good faith until it is fully resolved (§ 55-3206(2)). No part of any fine may be used to increase the pay of a board member or agent (§ 55-3206(3)). And attorney’s fees and costs may not accrue, be assessed or be collected until the association has complied with the section and the member has failed to address the violation (§ 55-3206(4)); a court may rule on whether those fees are reasonable, and may award fees to the prevailing party in that argument.
Liens
An association may levy an assessment against a lot for the reasonable costs of maintaining common areas consisting of real property it owns and maintains (§ 55-3207(1)). To claim a lien it must file in the county where the lot is, and the claim must contain four things: a true statement of the amount due after deducting all just credits and offsets, the owner’s name if known, the association’s name, and a description sufficient to identify the property. The claim is verified by oath, recorded and indexed like other liens, and a copy must be served on the owner within five business days of recording, by personal delivery or certified mail (§ 55-3207(2)).
Once recorded, the claim keeps growing on its own. As long as the original or any subsequent unpaid assessment remains unpaid, the claim “shall automatically accumulate the subsequent unpaid assessments without the necessity of further filings” (§ 55-3207(2)(b)). The board may enforce the lien (§ 55-3207(3)), and the section does not stop the association from suing for the money, or taking a deed in lieu of foreclosure. A money action may be brought without foreclosing or waiving the lien — though recovering on it satisfies the lien to that extent (§ 55-3207(4), (5)).
Six things the covenants cannot reach
The back half of the chapter is a list of restrictions an association may not add, amend or enforce.
Solar (§ 55-3208). No covenant may prohibit rooftop solar panels or collectors. The association may choose the location on the roof, but only so long as installation is still permitted facing south, or within forty-five degrees east or west of due south. It may adopt reasonable rules for installation — rules consistent with an applicable building code, or requiring panels parallel to and conforming with the roofline, and frames, brackets and visible piping or wiring painted to coordinate. Note the direction that runs in: subsection (2) is a limit on what the association’s rules may say, not a grant of power to police the building code. And that rulemaking subsection applies only to rooftops owned, controlled and maintained by the homeowner.
Political signs (§ 55-3209). No covenant may prohibit, or have the effect of prohibiting, the display of a political sign — defined as a fixed, ground-mounted display supporting or opposing a candidate or ballot measure. Reasonable time, size, place, number and manner rules are allowed. The association may remove a sign without liability if it is in the common areas, threatens public health or safety, breaks a law or ordinance, or has sound, music or other material attached. Otherwise it must give three days’ written notice identifying the rule and the violation before removing a sign or imposing any penalty.
Flags (§ 55-3210). The United States flag, the Idaho flag, the POW/MIA flag and any official or replica flag of a branch of the armed forces. The association may regulate flagpoles — materials, zoning compliance, condition, size and lighting — but it may not prevent at least one flagpole per property that is either up to twenty feet in the front yard, or attached to a part of the residence the member owns and the association does not maintain. Same three days’ written notice before removal or penalty.
Rentals (§ 55-3211). No covenant may limit or prohibit renting a property for any amount of time unless the owner of the affected property expressly agreed in writing at the time it was added or amended. The limit on that: a covenant restricting transfer that already applied when the owner acquired the property stays enforceable.
Accessory dwelling units (§ 55-3212). Same shape as rentals — no restriction on ADUs as defined in § 67-6541 without the affected owner’s written agreement, and pre-existing transfer restrictions survive. The association keeps reasonable rules on how an ADU is used, and the statute’s list of what those rules may cover is expressly open-ended — “including but not limited to” architectural design consistent with the primary dwelling, size, height, setbacks, open space, parking and bedroom requirements. The definition it borrows has a limit of its own: an ADU “does not include a motorhome, camper, recreational vehicle, tiny home on wheels, or other such similar dwellings on wheels” (§ 67-6541(1)). It may also adopt a less restrictive definition of an ADU. The section does not apply to short-term or vacation rentals as defined in § 63-1803(4).
Family daycare homes (§ 55-3213). On and after July 1, 2024, no covenant may prohibit or have the effect of prohibiting a family daycare home as defined in § 39-1102 — but the section does not affect any covenant in effect before that date. Architectural control, parking, landscaping and noise rules that apply to all members still apply, and the association may require the home to be licensed under chapter 11, title 39.
Where chapter 32 stops, and what governs then
Chapter 32 does not replace the governing documents, and it does not supply an association’s corporate machinery. It points at the other Idaho statutes instead, and knowing which one answers a question is most of the work.
Corporate procedure comes from the Idaho Nonprofit Corporation Act, title 30, chapter 30. The Act borrows from it four times rather than restating it: notice of meetings runs on §§ 30-30-501 and 30-30-505 (§ 55-3204(3)(b)); removing a board member and calling the special meeting to do it run on §§ 30-30-502 and 30-30-608 (§ 55-3204(6)); proxies run on part 5 of that chapter (§ 55-3204B(2)); and records and reports run on part 11 (§§ 55-3203(5), 55-3205(5)).
An unincorporated association still has to have bylaws, and the Act says what must be in them: at least one meeting a year, notice of any meeting published and distributed to all members, minutes taken and preserved, a method of adopting and amending fees, and — the one worth reading twice — no fee or assessment may be increased unless a majority of all members vote in favour (§ 55-3204(7)).
Condominiums have their own statute — but chapter 32 does not say it stops where that one starts. A condominium project is governed by the Condominium Property Act, title 55 chapter 15, and that is the statute that creates the project, allocates the common areas and supplies the assessment lien. What chapter 32 does not contain is any condominium carve-out. The word “condominium” does not appear in it. There is no applicability section excluding a condominium association, and a condominium association will ordinarily satisfy both prongs of the § 55-3203(7)(a) definition — a residential association, membership based on owning an interest in real property, with recorded authority to assess and record liens. On the text, the open-meeting rule, the ten-year minutes rule, the thirty-day fine notice and the mandatory member fee award in § 55-3204(8) appear to reach a condominium association as well. Whether they do is unsettled, and this page does not pretend otherwise: a condominium owner should read both chapters rather than only chapter 15.
Fair housing and debt collection sit outside chapter 32 entirely. Discrimination in a real estate transaction is governed by § 67-5909(8), enforced by the Idaho commission on human rights, alongside the federal Fair Housing Act. Collection conduct by a third-party collector is governed by the federal Fair Debt Collection Practices Act and by Idaho’s own Collection Agency Act, title 26 chapter 22, which licenses collecting “for others” (§ 26-2223) and imposes a fair-dealing and prohibited-practices code of its own (§ 26-2229A). All are on the Idaho hub.
Contents · 15 sections ▾
- § 55-3201 Short Title
- § 55-3202 Legislative Intent
- § 55-3203 Definitions
- § 55-3204 Administration of an Incorporated or Unincorporated Homeowner's Association
- § 55-3204A Homeowner's Associations -- Powers -- Duties -- Enforcement
- § 55-3204B Restrictions on Board Membership -- Proxy Votes
- § 55-3205 Disclosure of Fees and Financial Disclosures
- § 55-3206 Violations -- Due Process and Notice -- Limitation on Fines -- Attorney's Fees
- § 55-3207 Homeowner's Association Liens
- § 55-3208 Solar Panels
- § 55-3209 Political Signs
- § 55-3210 Flags
- § 55-3211 Prohibited Conduct -- Rental Restrictions
- § 55-3212 Prohibited Conduct -- Restrictions on Accessory Dwelling Units
- § 55-3213 Family Daycare Homes
This chapter shall be known and may be cited as the "Homeowner's Association Act."
Source.—[55-3201, added 2022, ch. 323, sec. 4, p. 1039.]
An increasing number of Idahoans reside within homeowner's associations. To protect the rights of current and subsequent property owners within a homeowner's association, it is the intent of the legislature to ensure the transparent operation and inclusive management of these associations, balancing the rights of all owners within homeowner's associations to promote harmony and respect for community standards and to protect the rights of individuals and neighbors in the community.
Source.—[55-3202, added 2022, ch. 323, sec. 4, p. 1039.]
As used in this chapter:
(1) "Board" means the entity that has the duty of governing the homeowner's association and may be referred to as a board of directors, executive board, or any other such similar name.
(2) "Community manager" means a person or agent who provides for or otherwise engages in the management of a common interest community or the management of a homeowner's association.
(3) "Declarant" means an individual or entity filing a declaration in association with a residential subdivision.
(4) "Declaration" means an instrument filed in the real property records of a county that includes restrictive covenants governing a residential subdivision.
(5) "Financial disclosure" means the accounting records of the organization that are kept, disclosed, and made available for inspection in accordance with part 11, chapter 30, title 30 , Idaho Code, and the governing documents of the homeowner's association.
(6) "Governing documents" means a written instrument by which the homeowner's association may exercise powers or manage, maintain, or otherwise affect the property under the jurisdiction of the homeowner's association. Governing documents includes but is not limited to articles of incorporation, bylaws, a plat, rules of the homeowner's association, and any declaration of covenants, conditions, and restrictions.
(7)(a) "Homeowner's association" means any incorporated or unincorporated residential association:
(i) In which membership is based on owning or possessing an interest in real property; and
(ii) 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.
(b) "Homeowner's association" includes the following persons who may or may not be members of a homeowner's association or serve on the board of a homeowner's association:
(i) A community manager pursuant to a contract with a homeowner's association; and
(ii) An agent or person with explicit or apparent authority to act on behalf of a homeowner's association.
(8) "Member" or "membership" means any person or entity owning or possessing an interest in residential real property or a lot within the physical boundaries of an established homeowner's association.
(9) "Owner" means a person who holds record title to property in a residential subdivision and includes an agent of a person who holds record title to property in a residential subdivision.
(10) "Transfer fee" means a fee, charge, or assessment, as that term is described in chapter 31, title 55 , Idaho Code, charged by the homeowner's association and payable to the homeowner's association upon the transfer of an interest in real property that is under the jurisdiction of the homeowner's association.
Source.—[55-3203, added 2022, ch. 323, sec. 4, p. 1039; am. 2024, ch. 162, sec. 1, p. 618; am. 2024, ch. 214, sec. 1, p. 759; am. 2025, ch. 204, sec. 2, p. 926; am. 2025, ch. 211, sec. 23, p. 993; am. 2026, ch. 251, sec. 23, p. 1077.]
(1) Board meetings must be open to the members of the homeowner's association and any representative or agent designated in a signed writing by a member to represent the member.
(2) An executive session at which members of the homeowner's association are excluded may be held upon a majority vote of the board for the following purposes:
(a) To consider matters of personnel, hiring, bid review, or contract negotiation;
(b) To consider records that are not subject to disclosure under part 11, chapter 30, title 30 , Idaho Code;
(c) To consult with an attorney for the purpose of obtaining legal advice. The mere presence of legal counsel at a board meeting shall not justify entering into executive session;
(d) To discuss ongoing or potential litigation, mediation, arbitration, or administrative proceedings; or
(e) To discuss sensitive matters related to an individual member's property or assessments, such as violations or delinquent assessments.
(3) All homeowner's associations, whether incorporated or unincorporated, shall:
(a) Hold a meeting of the membership each calendar year. Such meeting may be conducted in person or, with the approval of a simple majority of the members, through an electronic or hybrid meeting model;
(b) Be governed by the provisions of sections 30-30-501 and 30-30-505 , Idaho Code, as those provisions relate to notice of meetings of the homeowner's association. The board may adopt a process for members to choose to receive notice of any meeting of the homeowner's association by electronic means rather than by mail. All dates and information of the notice must remain the same as a mail notice;
(c) Take minutes from all meetings of the homeowner's association, including membership meetings and board meetings, and preserve such minutes for a minimum of ten (10) years; and
(d) Determine and establish the amount of assessments in accordance with the governing documents or, in the event the governing documents do not include such language, with the approval of a majority of the members of the homeowner's association.
(4) At an annual meeting of the homeowner's association, board members shall declare any conflict of interest or familial relationship that exists with respect to such board member and any person or entity who has previously entered into or seeks to enter into a service contract with the homeowner's association.
(5) A board of a homeowner's association may not use its power to adopt rules governing the common property to expand the provisions of the restrictive covenants as they relate to a member's property.
(6) All homeowner's associations, whether incorporated or unincorporated, shall be governed by sections 30-30-502 and 30-30-608 , Idaho Code, as those sections relate to the removal of a board member and the process of calling a special meeting for such removal.
(7) Unincorporated homeowner's associations shall be governed by bylaws that provide for at least the following:
(a) A requirement that the homeowner's association holds at least one (1) meeting each calendar year;
(b) A requirement that notice of any meeting of the homeowner's association be published and distributed to all members of the homeowner's association;
(c) A requirement that the minutes of all homeowner's association meetings be taken and preserved;
(d) A method of adopting and amending fees; and
(e) A provision that no fees or assessments of the homeowner's association may be increased unless a majority of all members of the homeowner's association vote in favor of the increase.
(8) If a homeowner's association violates any of the provisions of this chapter and a member prevails in a legal action to protect his rights, the member shall be entitled to an award of reasonable attorney's fees.
Source.—[55-3204, added 2022, ch. 323, sec. 4, p. 1040; am. 2024, ch. 214, sec. 2, p. 760.]
For any homeowner's association formed after July 1, 2025, the following provisions shall apply:
(1)(a) The governing documents may provide for a period of declarant control of the homeowner's association, during which a declarant, or persons designated by the declarant, may appoint and remove board members and officers of the homeowner's association. If the governing documents permit owner election of board members or officers during the period of declarant control, such board members or officers elected by owners may not be removed by the declarant.
(b) Regardless of the period of declarant control provided by the governing documents, on or before one hundred eighty (180) days after the date on which seventy-five percent (75%) of the lots are conveyed to owners other than the declarant or a builder in the business of constructing homes that purchased the lots from the declarant for the purpose of selling completed homes built on the lots, at least one-third (1/3) of the positions on the homeowner's association board shall be offered for members elected by owners other than the declarant.
(c) Once ninety-five percent (95%) of a development is built and occupied, the declarant shall begin the process of turning over full control of the homeowner's association to the owners and shall complete the process within twelve (12) months of such date.
(2) The provisions in subsection (1) of this section shall apply to the transfer of board control and do not affect other declarant rights as set forth in the declaration. The declarant shall retain architectural review authority during the period of declarant control, except as otherwise specified in the declaration.
(3) If a declarant fails or refuses to comply with subsection (1) of this section, an adversely affected owner may seek injunctive relief to require compliance within thirty (30) days of sending a written notice to the declarant.
Source.—[55-3204A, added 2025, ch. 204, sec. 3, p. 927.]
(1) Except during the period of declarant control of the homeowner's association pursuant to section 55-3204A , Idaho Code, only one (1) owner per lot shall serve concurrently on the board of a homeowner's association.
(2) Votes allocated to the owners may be cast under a written proxy duly executed by the owner, pursuant to the provisions of the Idaho nonprofit corporation act under part 5, chapter 30, title 30 , Idaho Code, except:
(a) No single owner may hold proxies representing more than fifty percent (50%) of the total votes in the homeowner's association; and
(b) A person may not serve on the board of a homeowner's association if the person is a member of the same household in the same primary residence as another board member of the homeowner's association.
(3) The provisions of subsection (2) of this section shall not apply to a homeowner's association with fewer than twenty (20) residences or during the declarant control period of the homeowner's association.
Source.—[55-3204B, added 2025, ch. 204, sec. 4, p. 927.]
(1) A homeowner's association or its agent shall provide a member and the member's agent, if any, a statement of the member's assessment account no more than five (5) business days after a written request by the member or the member's agent is received by the manager, president, board member, or other agent of the homeowner's association, or any combination thereof. The homeowner's association will be bound by the amounts set forth within the statement of assessment account. The statement of assessment account shall include all outstanding assessments, charges, and fees, including any transfer fee, that are due and owing to the homeowner's association, including any late fees or interest that may have accrued. Additionally, the homeowner's association shall provide the amount of any transfer fee that may be charged upon a transfer of the property. No fee shall be charged by a homeowner's association or its agent for providing a statement of the member's assessment account. Charging a fee for any statement of the member's assessment account required by this section is a violation of the Idaho consumer protection act, chapter 6, title 48 , Idaho Code.
(2) A homeowner's association shall not charge a transfer fee unless the authority to do so is expressly stated in the declaration of covenants, conditions, and restrictions. The transfer fee shall be charged only by the homeowner's association, and no portion of the transfer fee may be paid to or allocated to a third party, including any board member or the homeowner's association's agent or manager. On or before January 1 of each year, a homeowner's association or its agent shall provide its members a disclosure of fees that will be charged to a member. Fees imposed by a homeowner's association for the calendar year following the disclosure of fees shall not exceed the amount set forth on the annual disclosure, and no surcharge or additional fees shall be charged to any member in connection with any transfer of ownership of his property.
(3) A homeowner's association or its agent shall provide a member and the member's agent, if any, an updated financial disclosure no more than ten (10) business days after a request by the member or the member's agent is received by the manager, president, board member, or other agent of the homeowner's association, or any combination thereof.
(4) Within sixty (60) days of the close of the fiscal year, a homeowner's association or its agent shall provide all members of the organization, and each member's agent, if any, with an updated and reconciled financial disclosure for the fiscal year.
(5) Except as otherwise provided in this section, each homeowner's association shall be subject to the records and reports requirements of the Idaho nonprofit corporation act under part 11, chapter 30, title 30 , Idaho Code.
Source.—[55-3205, added 2022, ch. 323, sec. 4, p. 1041; am. 2023, ch. 247, sec. 2, p. 764; am. 2024, ch. 162, sec. 2, p. 618; am. 2025, ch. 204, sec. 5, p. 928.]
(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. A majority vote by the board is required before any fine may be imposed on a member for a violation of any covenants and restrictions pursuant to the rules and regulations of the homeowner's association. Written notice must be provided to the member at least thirty (30) days prior to a meeting at which a vote to impose a fine on the member is to be held. Service of the notice must be by personal service or certified mail.
(2) In the event the member begins resolving the violation prior to a meeting held pursuant to subsection (1) of this section, no fine may be imposed as long as the member continues to address the violation in good faith until fully resolved.
(3) No portion of any fine may be used to increase the remuneration of any board member or agent of the board.
(4) Except as may otherwise be provided in this subsection, nothing in this section is intended to affect any statute, rule, covenant, bylaw, provision, or clause that may allow for the recovery of attorney's fees. Attorney's fees and costs may not accrue or be assessed or collected by the homeowner's association until the homeowner's association has complied with the requirements of this section and the member has failed to address the violation as set forth in subsection (2) of this section. A court of competent jurisdiction may determine the reasonableness of attorney's fees and costs assessed against a member. In an action to determine the reasonableness of attorney's fees and costs assessed by the homeowner's association against a member, the court may award reasonable attorney's fees and costs to the prevailing party.
Source.—[55-3206, added 2022, ch. 323, sec. 4, p. 1042.]
(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. The claim must contain:
(i) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;
(ii) The name of the lot owner, or reputed owner, if known;
(iii) The name of the homeowner's association; and
(iv) A description, sufficient for identification, of the property to be charged with the lien.
(b) When a claim has been filed and recorded pursuant to this section and the owner of the lot subject to the claim thereafter fails to pay any assessment chargeable to such lot, then as long as the original or any subsequent unpaid assessment remains unpaid, such claim shall automatically accumulate the subsequent unpaid assessments without the necessity of further filings under this section.
(c) The claim must be verified by the oath of an individual having knowledge of the facts and must be recorded by the county recorder. The record will be indexed as other liens are required by law to be indexed.
(d) Within five (5) business days after recording a lien on the property, the homeowner's association shall serve, by personal delivery to the owner or reputed owner or by certified mail to the last known address of the owner or reputed owner, a true and correct copy of the recorded lien.
(3) The lien may be enforced by the board acting on behalf of the homeowner's association.
(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.
(5) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the claim for unpaid assessments. However, recovery on the action operates to satisfy the lien, or the portion thereof, for which recovery is made.
Source.—[55-3207, added 2022, ch. 323, sec. 4, p. 1042.]
(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. A homeowner's association may, however, determine the specific location where solar panels or solar collectors may be installed on the roof as long as installation is permitted with an orientation to the south or within forty-five (45) degrees east or west of due south.
(2) A homeowner's association may adopt reasonable rules for the installation of solar panels or solar collectors consistent with an applicable building code or to require that panels or collectors be parallel to a roofline, conform to the slope of a roof, and that any frame, support bracket, or visible piping or wiring be painted to coordinate with the roofing material. The provisions of this subsection shall apply only to rooftops that are owned, controlled, and maintained by the homeowner.
Source.—[55-3208, added 2022, ch. 323, sec. 4, p. 1043.]
(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.
(2) A homeowner's association may adopt reasonable rules, subject to any applicable laws or ordinances, regarding the time, size, place, number, and manner of display of political signs.
(3) A homeowner's association may remove a political sign without liability if the sign:
(a) Is placed within the common areas, including limited common areas, other property or improvements owned or maintained by the homeowner's association, or property owned in common by the members of the homeowner's association;
(b) Threatens the public health or safety;
(c) Violates an applicable law or ordinance; or
(d) Is accompanied by sound or music or if any other materials are attached to the political sign.
(4) Except as provided in subsection (3) of this section, a homeowner's association shall not remove a political sign from the property of a member or impose any fine or penalty upon the member unless it has first provided the member three (3) days' written notice that specifically identifies the rule and the nature of the violation.
(5) For the purpose of this chapter, "political sign" means any fixed, ground-mounted display in support of or in opposition to a candidate for office or a ballot measure.
Source.—[55-3209, added 2022, ch. 323, sec. 4, p. 1043.]
(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:
(a) That require:
(i) The flag of the United States of America and the flag of the state of Idaho to be displayed in accordance with 4 U.S.C. 5 et seq.;
(ii) A flagpole attached to a dwelling or a freestanding flagpole to be constructed of permanent, long-lasting materials with a finish appropriate to the materials used in the construction of the flagpole and harmonious to the dwelling;
(iii) The display of a flag, or the location and construction of the supporting flagpole, to comply with applicable zoning ordinances, easements, and setbacks of record; and
(iv) That a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed;
(b) That regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one (1) flagpole per property that:
(i) Is not more than twenty (20) feet in height and, subject to applicable zoning ordinances, easements, and setbacks of record, is located in the front yard of the property; or
(ii) Is attached to any portion of a residential structure owned by the member and not maintained by the homeowner's association;
(c) That govern the size of a displayed flag;
(d) That regulate the size, location, and intensity of any lights used to illuminate a displayed flag;
(e) That impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or
(f) That prohibit a member from locating a displayed flag or flagpole on property that is:
(i) A common area, including a limited common area;
(ii) Owned or maintained by the homeowner's association; or
(iii) Owned in common by the members of the association.
(3) A member who has a front yard and who otherwise complies with any permitted homeowner's association regulation may elect to install a flagpole in accordance with subsection (2)(b) of this section.
(4) A homeowner's association may not remove a flag permitted by subsection (1) of this section from the property of a member or impose any fine or penalty upon the member unless it has first provided the member three (3) days' written notice that specifically identifies the rule and the nature of the violation.
Source.—[55-3210, added 2022, ch. 323, sec. 4, p. 1044.]
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. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting a property owner's right to transfer his interest in land or the structures thereon as long as that covenant, condition, or restriction applied to the property at the time the homeowner acquired his interest in the property.
Source.—[55-3211, added 2022, ch. 323, sec. 4, p. 1045.]
(1) No homeowner's association shall add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits accessory dwelling units, as defined in section 67-6541 , Idaho Code, on any property, land, or structure thereon within the jurisdiction of a homeowner's association, unless the owner of the affected property expressly agrees in writing to such addition or amendment of a covenant, condition, or restriction. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting or prohibiting a property owner's right to transfer an interest in land or the structures thereon where such covenant, condition, or restriction existed and applied to the property at the time the property owner acquired an interest in the property.
(2) Notwithstanding the prohibitions provided in subsection (1) of this section, a homeowner's association may adopt reasonable rules governing the use of accessory dwelling units otherwise allowed by law, including but not limited to architectural design consistent with the primary dwelling, size limits, height limits, setback requirements, open space requirements, parking controls, and bedroom requirements.
(3) Nothing in this section shall be construed to restrict a homeowner's association from adopting a less restrictive definition of accessory dwelling units.
(4) The provisions of this section do not apply to any rentals defined in section 63-1803 (4), Idaho Code.
Source.—[55-3212, added 2023, ch. 265, sec. 1, p. 792; am. 2026, ch. 265, sec. 1, p. 1117.]
(1) On and after July 1, 2024, 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 operation of a family daycare home as defined in section 39-1102 , Idaho Code. This section shall not affect any covenant, condition, or restriction in effect prior to July 1, 2024.
(2) The provisions of this section shall not supersede any of the homeowner's association's regulations concerning architectural control, parking, landscaping, noise, or other matters applicable to all homeowner association members.
(3) A homeowner's association may adopt reasonable rules in compliance with any applicable laws or ordinances, including a requirement that a family daycare home be licensed pursuant to the applicable provisions of chapter 11, title 39 , Idaho Code.
Source.—[55-3213, added 2024, ch. 191, sec. 1, p. 687.]
General information, not legal advice. Statutory text is reproduced from the Idaho Code as published by the Idaho Legislature, current through the 2026 Regular Session and may not reflect the most recent amendments.