Homeowners’ associations in Idaho must be organized as corporations, most choose to file as non-profit, and therefore must follow the state Nonprofit Corporation Act. HOA law in Idaho has been changing dramatically since 2014 to curb the power of homeowners’ associations. Title 55-115 was created to protect the rights of homeowners against HOAs by changing the ability of the association to fine homeowners.
Homeowners Association’s Rights and Responsibilities
The primary purpose of an HOA is to protect property values and maintain common elements of the community. To cover the cost of maintenance, the community association may impose mandatory fees upon association members. In the event of account delinquency, the homeowners’ association can place liens on property to recover lost income.
HOAs in Idaho cannot impose fines unless it is explicitly stated in the Community Covenants, Conditions, and Restrictions (CC&Rs). All fines must be voted on by the board of directors. If a majority of the board votes to fine a homeowner for being out of compliance with community law, they must provide written notice of the infraction and allow the owner 30 days to respond or fix the problem. If the homeowner takes steps to resolve the infraction within those 30 days, they can no longer be fined. The fine may be reinstated if the homeowner stops taking steps towards resolution or fails to resolve the issue entirely.
Annual association meetings are mandatory. Meetings can occur more frequently if stated in the community bylaws. A quorum is reached if 1/3 of the voting parties are present unless otherwise specified. The board of directors is required to give notice of all meetings by posting information on conspicuous spaces in community common areas at least ten days before the meeting. If notices are being mailed, they must be delivered at least 30 days but no more than 60 days before the meeting.
Term limits for board directors cannot exceed five years. Unless it is stated in the community bylaws, the standard term limit for the board of directors is one year. Directors may be reelected for up to five years. Methods of election should be specified within the community bylaws.
As of 2016, an HOA can no longer restrict or prohibit and rental of the property unless they receive the homeowner’s written agreement.
The association cannot fine homeowners without written notice and 30 days for the homeowner to make corrections. If the unit owner begins taking steps to correct the violation, the fine is no longer valid.
HOAs are prohibited from restricting the installation of solar panels on homes. They may regulate the location of solar panels as long as it does not interfere with function. Solar panels must be allowed to face South within 45 degrees East or West.
Idaho Homeowners’ Association Rules and Regulations
All community conditions, covenants, and restrictions are different. Be sure to carefully look over community documents to make sure that you are following specific community rules. To ensure that your community association is being run following all state and local laws, it helps to have a professional on your side. CSM has a team of experienced professionals that have worked with communities in almost every state in the US. Specializing in HOA financial management, we can help your board of directors manage association finances, write and submit documents, and prepare for audits. If you have any questions regarding state HOA laws and regulations, give us a call at (865) 315-7505, contact us online or email us at email@example.com.