Idaho HOA Laws

There are certain Idaho HOA laws that homeowners associations must follow, though not many know what they are. Let’s take a deeper look at these laws below.

For Condominiums

The Idaho Condominium Property Act governs the management and operations of condominium associations as well as their creation and powers. This Act details insurance requirements, common element maintenance, and the retention of records for condominiums. It does not apply to homeowners associations.

The Idaho Condominium Property Act

You can find the Idaho Condominium Property Act under Title 55, Chapter 15 of the Idaho Statutes. It consists of 28 sections, namely:

• Short Title.
• Purpose — Public Policy.
• Definitions.
• Requirements To Qualify.
• Contents Of Declaration.
• Administration — By-Laws — Articles Of Incorporation — Recordation Required To Modify Or Amend.
• Contents Of Bylaws.
• Recordation Of Instruments Affecting Project.
• Grant — Physical Boundaries Of Units — Incidents Excluded — Common Areas — Decorating Rights Of Owner.
• Removal Of Property From Law — Common Ownership — Resubmission.
• Partition — Sale.
• Actions Relating To Common Areas — Persons Designated To Receive Process — New Designation Filed — Service On Auditor — Copy From Auditor To Management Body — Application Of Corporate Law.
• Actions By Management On Behalf Of Two Or More Owners.
• Separate Taxation — Lien — Tax Deed.
• Owners Proportionately Liable For Common Areas — Remaining Balance Not Prejudiced By Settlement — Indemnification.
• Liability Of Unit Owners, Tenants, Employees — Duties And Powers Of Owners.
• Insurance Of Individual Units By Management Body.
• Assessment And Other Charges A Lien — Notice Recorded — Payment And Release — Priority Of Liens — Expiration — Extension — Enforcement By Sale — Purchase By Management Body.
• Liens For Labor, Services Or Materials — Express Consent — Emergency Repairs — Proportionate Payment For Removal Of Lien.
• Personal Property Acquired, Held And Disposed Of By Management Body — Beneficial Interest Proportionate — Transfer.
• Liberal Construction Of Deeds, Declarations Or Plans For Condominium Projects.
• Rule Against Perpetuities And Unreasonable Restraints On Alienation Inapplicable.
• Refusal To Approve Project Or Record Plat Forbidden.
• Application Of Local Zoning Ordinances.
• “Blue Sky Law” Inapplicable.
• Legal Description That Designated On Plat Or In Declaration.
• Zoning Laws Applied Where Not Inconsistent.
• Statement Of Account — Disclosure Of Fees.

Idaho HOA Laws on Corporate Governance

Most homeowners associations in Idaho are considered non-profit corporations. And for non-profit corporations, there are two Acts that govern their corporate procedure and structure. The first is the Idaho Nonprofit Corporation Act, which is specifically designed for incorporated non-profits. The second is the Idaho Unincorporated Nonprofit Associations Act, which is for unincorporated non-profits.

Idaho Nonprofit Corporation Act

You can find the Idaho Nonprofit Corporation Act under Title 30, Chapter 30 of the Idaho Statutes. It consists of 12 parts, each one divided further into sections.

Part 1 – General Provisions

• Short Title.
• Filing Requirements.
• Definitions.
• Notice.
• Private Foundation.
• Judicial Relief.
• Religious Corporations – Constitutional Protections.

Part 2 – Incorporation

• Incorporators.
• Articles of Incorporation.
• Incorporation.
• Liability.
• Organization of Corporation.
• Bylaws.
• Emergency Bylaws and Powers.

Part 3 – Purposes and Powers

• Purposes.
• General Powers.
• Emergency Powers.
• Ultra Vires.

Part 4 – Membership

• Admission of Members.
• Consideration.
• No Requirement of Members.
• Differences in Rights and Obligations of Members.
• Transfers.
• Member’s Liability to Third Parties.
• Member’s Liability for Dues, Assessments and Fees.
• Resignation.
• Termination, Expulsion and Suspension.
• Purchase of Memberships.
• Derivative Status.
• Delegates.

Part 5 – Member Meetings

• Annual and Regular Meetings.
• Special Meeting.
• Court-Ordered Meetings.
• Action by Written Consent.
• Notice of Meeting.
• Waiver of Notice.
• Record Date — Determining Members Entitled to Notice and Vote.
• Action by Mailed Written Ballot or Absentee Ballot.
• Members’ List for Meeting.
• Voting Entitlement Generally.
• Quorum Requirements.
• Voting Requirements.
• Proxies.
• Cumulative Voting for Directors.
• Other Methods of Electing Directors.
• Corporation’s Acceptance of Votes.
• Voting Agreements.

Part 6 – Directors and Officers

• Requirement for and Duties of Board.
• Qualifications of Directors.
• Number of Directors.
• Election, Designation and Appointment of Directors.
• Terms of Directors Generally.
• Staggered Terms for Directors.
• Resignation of Directors.
• Removal of Directors Elected by Members or Directors.
• Removal of Designated or Appointed Directors.
• Vacancy on Board.
• Compensation of Directors.
• Regular and Special Meetings.
• Action Without Meeting.
• Call and Notice of Meetings.
• Waiver of Notice.
• Quorum and Voting.
• Committees of the Board.
• General Standards for Directors.
• Director — Conflict of Interest.
• Loans to or Guarantees for Directors and Officers.
• Required Officers.
• Duties and Authority of Officers.
• Standards of Conduct for Officers.
• Resignation and Removal of Officers.
• Officers’ Authority to Execute Documents.
• Indemnification of Officers, Directors, Employees and Agents.

Part 7 – Amendment of Articles of Incorporation and Bylaws

• Authority to Amend Articles.
• Amendment of Articles by Directors.
• Amendment of Articles by Directors and Members.
• Class Voting by Members on Amendments to Articles.
• Articles of Amendment.
• Restated Articles of Incorporation.
• Effect of Amendment and Restatement of Articles.
• Amendment of Bylaws by Directors.
• Amendment of Bylaws by Directors and Members.
• Class Voting by Members on Amendments to Bylaws.

Part 8 – Merger and Membership Exchanges

• Approval by Third Persons.
• Approval of Plan of Merger.
• Action on Plan by Board, Members and Third Persons.

Part 9 – Disposition of Assets

• Bequests, Devises and Gifts.
• Sale of Assets in Regular Course of Activities and Mortgage of Assets.
• Sale of Assets in Other Than in Regular Course of Activities.
• Prohibited Distributions.
• Authorized Distributions.

Part 10 – Dissolution

• Dissolution by Incorporators or Directors and Third Persons.
• Dissolution by Directors, Members and Third Persons.
• Articles of Dissolution.
• Effect of Dissolution.
• Known Claims Against Dissolved Corporation.
• Unknown Claims Against Dissolved Corporation.

Part 11 – Records and Reports

• Corporate Records.
• Inspection of Records by Members.
• Scope of Inspection Rights.
• Limitations on Use of Membership List.
• Financial Statements for Members.
• Report of Indemnification to Members.

Part 12 – Transition Provisions

• Application to Existing Domestic Nonprofit Corporations.
• Application to Qualified Foreign Nonprofit Corporation.
• Application to Canal Companies and Carey Act Companies.
• Saving Provisions.

Idaho Unincorporated Nonprofit Associations Act

You can find the Idaho Unincorporated Nonprofit Associations Act under Title 30, Chapter 27 of the Idaho Statutes. It consists of 19 sections, namely:

• Short Title.
• Definitions.
• Relation to Other Laws.
• Governing Law.
• Entity — Perpetual Existence — Powers.
• Ownership and Transfer of Property.
• Statement of Authority as to Real Property.
• Liability.
• Assertion and Defense of Claims.
• Effect of Judgment or Order.
• Service of Process.
• Action or Proceeding Not Abated by Change.
• Venue.
• Member Not Agent.
• Distributons Prohibited — Compensation and Other Permitted Payments.
• Dissolution.
• Winding Up and Termination.
• Appointment of Registered Agent.
• Transition Concerning Real and Personal Property.

Homeowners Associations Prohibited Conduct

Idaho currently does not have a specific statute geared towards homeowners associations. Such associations either follow the Idaho Nonprofit Corporation Act or the Idaho Unincorporated Nonprofit Associations Act. But, under the Idaho Statutes, there is a section that outlines certain prohibited conducts for HOAs.

Some examples of prohibited conduct found under the Idaho Statutes Section 55-115 include but are not limited to:

• Imposing of Fines. Homeowners 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 certain procedures before imposing a fine, such as a majority board vote, written notice, etc.
• Rental Restrictions. Covenants that limit or prohibit rentals are unenforceable unless the property owner agrees to such a stipulation.
• Solar Rights. Homeowners associations can’t prohibit members from installing solar panels, but they can regulate the placement and materials with reasonable rules.
• Political Signs. No HOA may prohibit members from displaying political signs. But, HOAs may adopt reasonable rules regulating the size, number, place, time, and manner of display.

Idaho HOA Laws on Debt Collection

The Idaho Collection Agency Act governs the activities of debt collectors. According to the Act, debt collectors must secure a permit to perform collection activities in Idaho. Additionally, debt collectors must follow the provisions laid out in the federal Fair Debt Collection Practices Act. You can find the Idaho Collection Agency Act under Title 26, Chapter 22 of the Idaho Statutes.

Idaho HOA Laws on Liens

A separate section under the Idaho Statutes governs homeowners association liens (Section 45-810). According to this section, HOAs can place a lien on the property of a homeowner who is delinquent on their dues for 12 months. The HOA must file the lien with the county in the location where the property is located. The lien must consist of the following:

• The total amount due
• Owner’s name
• Homeowners association name
• Property description to which then will attach

Fair Housing

The HOA laws of Idaho also protect certain classes of people from discrimination. The Idaho Fair Housing Law works similarly to the federal Fair Housing Act. Under this Idaho law, homeowners associations may not discriminate against people based on their color, race, national origin, religion, sex, or disability. It also prohibits discrimination based on age (40 years and above) and retaliation.