Idaho HOA & Condo Laws
How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …
Condominium Property Act — Contents of Bylaws →
Mandates 12 bylaw provisions for condominiums: board election from among owners (minimum one-third annual term expiration), board powers and duties, meeting methods, quorum, officers, common …
Condominium Property Act — Assessment and Other Charges a Lien →
Condominium assessment lien recorded with county recorder. Takes priority over subsequently filed liens, with exceptions: declaration may subordinate, and Idaho labor and materialmen's liens get …
Condominium Property Act — Statement of Account; Disclosure of Fees →
Condo equivalent of the HOA account statement disclosure. Account statement within 5 business days of request at no charge, including annual charges, due dates, and …
Homeowner's Association Act — Administration →
Core governance section. Board meetings open to members (executive session by majority vote for personnel, legal, or litigation matters). Annual membership meeting required. Meeting notice …
Homeowner's Association Act — Disclosure of Fees and Financial Disclosures →
Account statement within 5 business days of written request, at no charge, including all outstanding assessments, charges, fees, and any transfer fee. Transfer fees allowed …
Homeowner's Association Act — HOA Liens →
HOA may levy assessments for reasonable costs of common area maintenance and file a lien with the county recorder. Lien automatically accumulates subsequent unpaid assessments …
Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.
Nonprofit Corporation Act — Notice of Meeting →
Notice of place, date, and time not fewer than 10 days and not more than 60 days before meeting. 30 days minimum if mailed other …
Homeowner's Association Act — Administration →
Core governance section. Board meetings open to members (executive session by majority vote for personnel, legal, or litigation matters). Annual membership meeting required. Meeting notice …
Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.
Condominium Property Act — Contents of Bylaws →
Mandates 12 bylaw provisions for condominiums: board election from among owners (minimum one-third annual term expiration), board powers and duties, meeting methods, quorum, officers, common …
Homeowner's Association Act — Powers, Duties, Enforcement (Developer Transition) →
Applies to HOAs formed after July 1, 2025. Declarant may appoint and remove board members during control period, but elected members cannot be removed by …
Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.
Condominium Property Act — Statement of Account; Disclosure of Fees →
Condo equivalent of the HOA account statement disclosure. Account statement within 5 business days of request at no charge, including annual charges, due dates, and …
Homeowner's Association Act — Disclosure of Fees and Financial Disclosures →
Account statement within 5 business days of written request, at no charge, including all outstanding assessments, charges, fees, and any transfer fee. Transfer fees allowed …
Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.
Condominium Property Act — Assessment and Other Charges a Lien →
Condominium assessment lien recorded with county recorder. Takes priority over subsequently filed liens, with exceptions: declaration may subordinate, and Idaho labor and materialmen's liens get …
Homeowner's Association Act — Definitions →
Defines key terms including board, community manager, declarant, declaration, financial disclosure, governing documents, member, owner, and transfer fee. A member is any person owning or …
Homeowner's Association Act — Powers, Duties, Enforcement (Developer Transition) →
Applies to HOAs formed after July 1, 2025. Declarant may appoint and remove board members during control period, but elected members cannot be removed by …
Homeowner's Association Act — Violations, Due Process, Fines →
No fines unless authority is in CC&Rs. Board majority vote required. 30-day written notice before fine vote (personal delivery or certified mail). Good-faith compliance before …
Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.
Condominium Property Act — Statement of Account; Disclosure of Fees →
Condo equivalent of the HOA account statement disclosure. Account statement within 5 business days of request at no charge, including annual charges, due dates, and …
Homeowner's Association Act — Disclosure of Fees and Financial Disclosures →
Account statement within 5 business days of written request, at no charge, including all outstanding assessments, charges, fees, and any transfer fee. Transfer fees allowed …
Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …
Condominium Property Act — Contents of Bylaws →
Mandates 12 bylaw provisions for condominiums: board election from among owners (minimum one-third annual term expiration), board powers and duties, meeting methods, quorum, officers, common …
Homeowner's Association Act — Administration →
Core governance section. Board meetings open to members (executive session by majority vote for personnel, legal, or litigation matters). Annual membership meeting required. Meeting notice …
Homeowner's Association Act — Violations, Due Process, Fines →
No fines unless authority is in CC&Rs. Board majority vote required. 30-day written notice before fine vote (personal delivery or certified mail). Good-faith compliance before …
The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.
Condominium Property Act — Short Title →
Establishes the Condominium Property Act. Enacted 1965, this is Idaho's older statute governing condominiums. Separate from and predates the Homeowner's Association Act (Chapter 32, enacted …
Condominium Property Act — Contents of Bylaws →
Mandates 12 bylaw provisions for condominiums: board election from among owners (minimum one-third annual term expiration), board powers and duties, meeting methods, quorum, officers, common …
Homeowner's Association Act — Short Title →
Establishes Chapter 32 as the Idaho Homeowner's Association Act. Enacted in 2022 by HB 703 (Chapter 323), this is Idaho's first comprehensive HOA-specific legislation. Significantly …
Homeowner's Association Act — Definitions →
Defines key terms including board, community manager, declarant, declaration, financial disclosure, governing documents, member, owner, and transfer fee. A member is any person owning or …
Homeowner's Association Act — Administration →
Core governance section. Board meetings open to members (executive session by majority vote for personnel, legal, or litigation matters). Annual membership meeting required. Meeting notice …
Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.
Condominium Property Act — Assessment and Other Charges a Lien →
Condominium assessment lien recorded with county recorder. Takes priority over subsequently filed liens, with exceptions: declaration may subordinate, and Idaho labor and materialmen's liens get …
Homeowner's Association Act — HOA Liens →
HOA may levy assessments for reasonable costs of common area maintenance and file a lien with the county recorder. Lien automatically accumulates subsequent unpaid assessments …
Notice and Opportunity to Repair Act →
Pre-litigation notice required for construction defect claims on residences or substantial remodels. Filing without compliance results in dismissal without prejudice. Notice tolls the statute of …
Association authority to review and approve owner modifications to units and common elements. Covers architectural review committees, approval procedures, denial appeals, and statutory limitations on what can be prohibited (e.g., …
Homeowner's Association Act — Solar Panels →
HOA cannot prohibit solar panel or solar collector installation on residential rooftops. May specify location (south-facing or within 45 degrees), require code compliance, parallel to …
The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.
Homeowner's Association Act — Powers, Duties, Enforcement (Developer Transition) →
Applies to HOAs formed after July 1, 2025. Declarant may appoint and remove board members during control period, but elected members cannot be removed by …
Association authority to restrict or regulate unit rentals. Rental caps, lease term minimums, tenant screening, short-term rental prohibitions, and statutory limitations on the enforcement of rental restrictions.
Homeowner's Association Act — Prohibited Conduct; Rental Restrictions →
HOA cannot add, amend, or enforce CC&Rs to limit or prohibit rentals unless owners explicitly consent in writing at the time of addition or amendment. …
Owner rights to install solar panels, EV charging stations, heat pumps, and other sustainability improvements. State solar access laws, EV-ready building codes, and limitations on association authority to restrict green …
Homeowner's Association Act — Solar Panels →
HOA cannot prohibit solar panel or solar collector installation on residential rooftops. May specify location (south-facing or within 45 degrees), require code compliance, parallel to …
Statute of limitations and statute of repose for construction defect claims. Right to repair acts, pre-litigation notice requirements, developer transition obligations, and warranty provisions applicable to common interest communities.
Statute of Repose — Improvements to Real Property →
Tort actions arising from design, planning, supervision, or construction of improvements to real property must be filed within 6 years after final completion. Contract actions …
Notice and Opportunity to Repair Act →
Pre-litigation notice required for construction defect claims on residences or substantial remodels. Filing without compliance results in dismissal without prejudice. Notice tolls the statute of …
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