Idaho Code §55-3204A
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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 declarant. At 75% lot transfer, at least one-third of board seats offered for owner election. At 95% occupancy, declarant must initiate transition to full owner control within 12 months.

Status Active
Effective Jul 1, 2025
Verified Apr 15, 2026
Source Official text

Reviewed · Idaho changes feed

Statutory Text Verified Aug 5, 2026 · OTHER
Section 55-3204A – Idaho State Legislature The official website of the Idaho Legislature State of Idaho Who’s My Legislator? × Search Entire Site Search Idaho Statutes Search Idaho Constitution Search House of Representatives Search Senate Search Capitol Services Search 2026 Regular Legislative Session Search 2025 Regular Legislative Session Search 2024 Regular Legislative Session Search 2023 Regular Legislative Session Search 2022 Extraordinary Legislative Session Search 2022 Regular Legislative Session Search 2021 Regular Legislative Session Search 2020 Extraordinary Legislative Session Search 2020 Regular Legislative Session Search 2019 Regular Legislative Session Search 2018 Regular Legislative Session Search 2017 Regular Legislative Session Search 2016 Regular Legislative Session Search 2015 Extraordinary Legislative Session Search 2015 Regular Legislative Session Search 2014 Regular Legislative Session Search 2013 Regular Legislative Session Search 2012 Regular Legislative Session Search 2011 Regular Legislative Session Search 2010 Regular Legislative Session Search 2009 Regular Legislative Session Search 2008 Regular Legislative Session Search 2007 Regular Legislative Session Search 2006 Extraordinary Legislative Session Search 2006 Regular Legislative Session Search 2005 Regular Legislative Session Search 2004 Regular Legislative Session Search 2003 Regular Legislative Session Search 2002 Regular Legislative Session Search 2001 Regular Legislative Session Search 2000 Extraordinary Legislative Session Search 2000 Regular Legislative Session Search 1999 Regular Legislative Session Search 1998 Regular Legislative Session Search Senate Senate Leadership Senate Membership Senate Reading Calendars Senate Standing Committees Senate/Joint Rules Senate Staff Senate Page Program Session Job Opportunities Legislative Housing House House Leadership House Membership House Reading Calendars House Standing Committees House/Joint Rules House Staff House Page Program Session Job Opportunities Legislative Housing Committees Senate Standing Committees House Standing Committees Joint Standing Committees Interim/Special Committees Legislative Compensation Legislative Council Testiying Before Legislative Committees Legislators Senate Membership House Membership Who’s My Legislator? Contacting Legislators Laws/Rules Idaho Statutes Idaho Constitution Idaho Session Laws Administrative Rules Senate Rules House Rules Joint Senate and House Rules Legislative Sessions Live Audio/Video Streaming Home Idaho Laws & Rules Idaho Statutes Title 55 Chapter 32 Section 55-3204A Print Friendly      Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. Search Idaho Statutes Search Statutes Search Constitution pecnv.out TITLE 55 PROPERTY IN GENERAL CHAPTER 32 HOMEOWNER’S ASSOCIATION ACT 55-3204A.   HOMEOWNER’S ASSOCIATIONS — POWERS — DUTIES — ENFORCEMENT.  For any homeowner’s association formed after July 1, 2025, the following provisions shall apply: (1)(a)  The governing documents may provide for a period of declarant control of the homeowner’s association, during which a declarant, or persons designated by the declarant, may appoint and remove board members and officers of the homeowner’s association. If the governing documents permit owner election of board members or officers during the period of declarant control, such board members or officers elected by owners may not be removed by the declarant. (b)  Regardless of the period of declarant control provided by the governing documents, on or before one hundred eighty (180) days after the date on which seventy-five percent (75%) of the lots are conveyed to owners other than the declarant or a builder in the business of constructing homes that purchased …
Disclosure
Ref Requirement
At 75% lot transfer, at least one-third of board seats offered for owner election.
Governance
Ref Requirement
Applies to HOAs formed after July 1, 2025.
At 95% occupancy, declarant must initiate transition to full owner control within 12 months.
Declarant may appoint and remove board members during control period, but elected members cannot be removed by declarant.
Legal references last verified April 15, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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