HOA LAWS AND RESOURCES

  • Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of Idaho.

  • Idaho Fair Housing Law, I.C. § 67-5909 et. seq. This law protects people from housing discrimination based on race, religion, color, sex, national origin, disability, age 40 and above, and retaliation. The Act provides state-level protections similar to the federal Fair Housing Act (FHA).

    Victims of housing discrimination can file a complaint with the Idaho Human Rights Commission or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.

  • Idaho Collection Agency Act, I.C. § 26-2221 et. seq. The Act regulates the activities of debt collectors and requires a permit to conduct various collection activities in the state. Debt collectors must also comply with the Federal Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.”

    Victims of unfair debt collection practices can file a complaint against a debt collector with the state’s Department of Finance, the FTC, or the CFPB. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation.

  • Idaho Nonprofit Corporation Act, I.C. §§ 30-30-101, et. seq. - This law governs incorporated nonprofits with regard to corporate structure and procedure. Unincorporated associations are likewise governed by the Idaho Unincorporated Non-Profit Corporations Act. Visit the Idaho Secretary of State to search for an association’s corporate status and view the articles of incorporation.

  • Idaho’s Condominium Property Act, I.C. §55-1501 et. seq. The Act applies to condominium associations, rather than homeowners’ associations, and generally set forth more detailed statutory requirements for condos than what is applicable to HOAs. The Act regulates condominium formation, management, operation, and powers, common elements, insurance, and records retention in Idaho.

  • Homeowners’ Association Law - Kentucky does not have a statute specifically for homeowners’ associations. However, If an association is an incorporated nonprofit, as is the case with most Idaho homeowners’ associations, it will be governed by the Idaho Nonprofit Corporation Law, specifically with regard to corporate structure and procedure.

    Importantly, homeowners’ associations are bound by their governing documents (Bylaws, Declaration, Articles of Incorporation). The association’s Bylaws generally dictate, among other things, the term, duties, and responsibilities of its board, meeting, voting, and election procedures; and management of the association.

    The association’s Declaration will generally set property restrictions, obligations of the association and its members, and property rights. The Articles of Incorporation typically outline and define the association’s corporate status, powers, and limits.

  • Homeowners’ Associations - Prohibited Conduct, I.C. §55-3206 - The law includes provisions limiting an association’s power to impose fines, rental restrictions, solar panels, and attorneys’ fees.

  • Homeowner’s Association Liens, I.C. §55-3207 - The law governs homeowner’s association liens created from unpaid maintenance assessments accrued in twelve months.

SOLAR PANELS

  • Homeowners’ Associations - Prohibited Conduct, I.C. §55-3208 - The Act prohibits homeowner’s associations from adding, amending, or enforcing 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 thereon within the jurisdiction of the homeowner’s association. A homeowners’ association may determine the location where solar panels may be installed and adopt reasonable rules for the installation.

  • Idaho Division of Building Safety - The government agency is responsible for the administrative rules that clarify how building safety statutes should be administered. Homeowners installing renewable energy systems are subject to permitting procedures.

  • National Renewable Energy Laboratory - The agency provides data sets, maps, models, and tools for the analysis of energy and energy-efficiency technologies.

GOVERNMENT AGENCIES & RESOURCES

HOA CONTACT INFORMATION AND DOCUMENTS

  • Idaho Secretary of State - The government agency provides information on elections, businesses, licensing, and securities.

    • HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation.

    • HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

  • Idaho State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and records to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.

  • Supreme Court of Idaho - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

  • Idaho Legal Aid Services - The law firm assists seniors and low-income Idahoans with civil legal issues and provides free access to self-help forms, resources, and information.

DISCOVER MORE.

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.