Posts Tagged ‘Idaho Code’

SB 1310 passes Idaho House by vote of 61-1-8

March 12, 2014

1310 Vote

I’ll add a summary and recap when this new HOA fining bill is signed and becomes Idaho law.

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Fifth Annual HOA Forum a Hit

March 10, 2014

Saturday morning we hosted Vial Fotheringham’s fifth annual Spring Forum here in Boise. We’ve been doing these every year since we opened the office here. This year we had the most attendance ever: about ninety participants, I think. It was a good time. We had a lot of questions come up about SB 1310. We also discussed governing documents, managing HOA money, maintaining common area and common property, construction defects, vendor contracts, keeping common area secure, and document retention policies.

The firm will have slides available, and if you are looking for information for next year, it is easy to get on Vial’s email invitation list. Check here: http://www.vf-law.com/events/idaho for information about our free monthly training meetings, our Idaho binders, or about next year’s forum.

Capture

I suspect we will be doing quite a bit of education work about the new fine law once SB 1310 becomes Idaho Code Section 55-115. Next week, we will be hosting some training sessions for managers and owners to get ready.

All-You-Can-Eat Politics

October 18, 2012

The other morning I was driving my kids to school here in Boise, and I was surprised to notice that a political sign right outside my neighborhood was not a political sign at all.  It was a sneaky ad for Tucanos restaurant.  Now, I love Brazilian barbeque, and I like a good funny ad, but immediately after I chuckled I started to think, not about grilled pineapple, but about whether advertisers were really permitted the same leeway in placing signs as political candidates are granted.

The Albuquerque Tucanos is also apparently actively campaigning, and the local news covered the issue: http://www.youtube.com/watch?v=YsdW1arRFe4 .  I did not see media coverage here in Boise, even though we got the same ad coverage.  I suspect the answer is the same here:  This is just littering.

It is election season, and those signs are everywhere here in town.  I’m not going to discuss what individual property owners do on their own land, as that is a topic for another day, but HOAs often own prominent roadside common area.  HOAs are just like any other owner, and they can enforce sign-placement laws.  In Idaho, those laws are here: http://legislature.idaho.gov/idstat/Title18/T18CH70SECT18-7029.htm.  So an HOA should act like any other responsible property owner and make a decision to clear the signs off or let everyone have their say.

The law:

18-7029. PLACING POSTERS OR PROMOTIONAL MATERIAL ON PUBLIC OR PRIVATE PROPERTY WITHOUT PERMISSION. It shall be unlawful for any person to erect, install, attach or paint, or cause to be erected, installed, attached or painted, election posters or signs upon public or private property, real or personal, in the state of Idaho, without permission from the owner or occupant of such property, and it shall be unlawful for any person to place or leave any literature or other political, promotional or sales materials upon public or private property, real or personal, in the state of Idaho when the owner or occupant of such property, by a sign conspicuously posted on the property, or by other written or audio communication to such person, has forbidden the placing or leaving of literature or other political, promotional or sales material upon that property. Provided, however, that the granting of such permission by any public utility company on behalf of any candidate for public office shall constitute the granting of like permission by such public utility company to all other candidates for the same public office. Any violation of this section shall be a misdemeanor.