Section 55-3101 – LEGISLATIVE FINDINGS.
55-3101. LEGISLATIVE FINDINGS. (1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property. (2) A transfer fee covenant violates the public policy of this state by impairing the marketability of title to […]
Section 55-3102 – DEFINITIONS.
55-3102. DEFINITIONS. As used in this section: (1) "Association" means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes or any interest in real property, created pursuant to a declaration, covenant or other applicable law. (2) "Transfer" means the sale, gift, grant, conveyance, assignment, inheritance or other transfer of an […]
Section 55-3103 – REAL ESTATE TRANSFER FEES UNLAWFUL.
55-3103. REAL ESTATE TRANSFER FEES UNLAWFUL. (1) A transfer fee covenant recorded after the effective date of this section, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding upon or enforceable against the affected real property or any subsequent owner, purchaser or mortgagee of […]
Section 55-3201 – SHORT TITLE.
55-3201. SHORT TITLE. This chapter shall be known and may be cited as the "Homeowner’s Association Act." History: [55-3201, added 2022, ch. 323, sec. 4, p. 1039.]
Section 55-3202 – LEGISLATIVE INTENT.
55-3202. LEGISLATIVE INTENT. An increasing number of Idahoans reside within homeowner’s associations. To protect the rights of current and subsequent property owners within a homeowner’s association, it is the intent of the legislature to ensure the transparent operation and inclusive management of these associations, balancing the rights of all owners within homeowner’s associations to promote […]
Section 55-3203 – DEFINITIONS.
55-3203. DEFINITIONS. As used in this chapter: (1) "Board" means the entity that has the duty of governing the homeowner’s association and may be referred to as a board of directors, executive board, or any other such similar name. (2) "Financial disclosure" means the accounting records of the organization that are kept, disclosed, and made […]
Section 55-3006 – RELATIONSHIP TO OTHER LAND USE LAW.
55-3006. RELATIONSHIP TO OTHER LAND USE LAW. This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of […]
Section 55-3204 – ADMINISTRATION OF AN INCORPORATED OR UNINCORPORATED HOMEOWNER’S ASSOCIATION.
55-3204. ADMINISTRATION OF AN INCORPORATED OR UNINCORPORATED HOMEOWNER’S ASSOCIATION. (1) Board meetings must be open to the members of the homeowner’s association and any representative or agent designated in a signed writing by a member to represent the member. (2) An executive session at which members of the homeowner’s association are excluded may be held […]
Section 55-3007 – NOTICE.
55-3007. NOTICE. (1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (a) Each person that signed the covenant; (b) Each person holding a recorded interest in the real property subject to the covenant; (c) Each person in possession of the real property […]
Section 55-3205 – DISCLOSURE OF FEES AND FINANCIAL DISCLOSURES.
55-3205. DISCLOSURE OF FEES AND FINANCIAL DISCLOSURES. (1) A homeowner’s association or its agent must provide a member and the member’s agent, if any, a statement of the member’s account no more than five (5) business days after a request by the member or the member’s agent is received by the manager, president, board member, […]