New HOA Law For Idaho? SB 1310 passes unanimously.

ope-capitolWe have been hoping for new HOA laws in Idaho for some time. It looks like we may have some on the way.

Senate Bill 1310 passed the Idaho Senate unopposed yesterday. If it becomes law, the Bill would appear in Idaho Code Section 55-115, and would make it illegal for a homeowners association to assess fines against homeowners unless certain conditions are met.

In particular, the HOA’s CC&Rs must allow for fines. The HOA’s Board must vote for the fines and the owner must be given written notice and an opportunity to cure the violation.

These are all logical and fair restrictions, and are consistent with how HOA law has developed in other states. However, it would have been nice to see a broad HOA law drafted rather than simply having one issue legislated at a time. This is a good start, though.

I will try to post a more thorough analysis of the law and its consequences for HOA boards in Idaho in the days to come.

The bill itself is posted here.

17 55-115. HOMEOWNER’S ASSOCIATION — PROHIBITED CONDUCT. (1) As used in
18 this section:
19 (a) “Homeowner’s association” shall have the same meaning as in section
20 45-810(6), Idaho Code.
21 (b) “Board” means the entity that has the duty of governing the associ22
ation that may be referred to as the board of directors, executive board
23 or any such similar name.
24 (c) “Member” or “membership” means any person or entity owning or pos25
sessing an interest in residential real property or lot within the phys26
ical boundaries of an established homeowner’s association.
27 (2) No fine may be imposed for a violation of the covenants and restric28
tions pursuant to the rules or regulations of the homeowner’s association
29 unless the authority to impose a fine is clearly set forth in the covenants
30 and restrictions and:
31 (a) A majority vote by the board shall be required prior to imposing any
32 fine on a member for a violation of any covenants and restrictions pur33
suant to the rules and regulations of the homeowner’s association.
34 (b) Written notice by personal service or certified mail of the meeting
35 during which such vote is to be taken shall be made to the member at least
36 thirty (30) days prior to the meeting.
37 (c) In the event the member begins resolving the violation prior to the
38 meeting, no fine shall be imposed so long as the member continues to ad
39 dress the violation in good faith until fully resolved.
40 (d) No portion of any fine may be used to increase the remuneration of
41 any board member or agent of the board.

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2 Responses to “New HOA Law For Idaho? SB 1310 passes unanimously.”

  1. Jeremy O. Evans Says:

    http://www.idahostatesman.com/2014/02/25/3049778/senators-bill-would-limit-hoas.html. Statesman coverage here.

  2. kvharker Says:

    Jeremy – I “Googled” SB 1310 and found your blog. I had no idea! I love it. Keep up the good work.

    KVH

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