Question:
I live in private non gated subdivision and the roads are maintained through property owners by a Road Maintenance Association. The association is only responsible for the snow removal and grading of the dirt roads, if funds allow, two times a year. My question is. Is a road maintenance association considered an HOA under Idaho state law? The association bylaws only address the annual maintenance of the road. The association bylaws do not address individual properties, homes, or any other real property.
– Kurt
Answer:
Hi Kurt,
According to Section 55-3203(5) the Idaho Homeowner’s Association Act, a homeowners association is defined as:
“(5)(a) “Homeowner’s association” means any incorporated or unincorporated 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.”
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
