Idaho HOA Laws: A Comprehensive Guide

Want to know more about homeowners associations (HOAs) in Idaho? In that case, you have come to the right place!

At DoorLoop, we understand that knowledge is power, which is why we have created this comprehensive guide to help you understand the laws and regulations that regulate these organizations.

In this article, we will provide an overview of some of the most important acts that establish how a homeowners association may be run and discuss some of the roles and responsibilities of HOAs in Idaho, but first, let's start with a simple definition of what a homeowners association is.

What Is a Homeowners Association?

A homeowners association, also known as a community association, is a type of private entity that is formed for the betterment of a community, neighborhood, apartment complex, or condominium building.

These organizations are governed by federal, state, and local laws and also have their own internal rules and regulations that are legally enforceable.

They are responsible for maintaining and conducting repairs to common elements and facilities, such as swimming pools, parks, and clubhouses, and have the right to collect regular fees, known as assessments or dues.

HOAs in Idaho also have the right to foreclose on a home for unpaid assessments. They can adopt reasonable rules and regulations to maintain the aesthetics of the neighborhood and increase property values.

An Overview of the Applicable Laws

Now that you have a good understanding of what an HOA is let's take a look at some of the laws from the Idaho code that apply to homeowners associations.

Keep in mind that it is impossible for us to list all the relevant legislature here, so you will need to do your own research into any additional local, state, or federal HOA rules or laws that may apply to your HOA.

Idaho Homeowners Association Act

Chapter 32, Section 55 of the Idaho Code contains the Idaho Homeowners Association Act, which governs homeowners associations in Idaho. This statute regulates the operation, oversight, and the rights of members.

Idaho Condominium Property Act

The Condominium Property Act lays out more specific legislative criteria for condominiums than it does for homeowners' organizations. It governs the creation, administration, powers, and more, as well as insurance and record-keeping requirements for condominium associations.

Idaho Nonprofit Corporation Act

The truth is that most homeowners associations in Idaho are considered nonprofit corporations. Therefore, they will be governed by the Idaho Nonprofit Corporation Act.

This law controls the corporate processes and organizational makeup of nonprofits that have been incorporated. The Idaho Unincorporated Nonprofit Corporations Act will apply to HOAs that are unincorporated.

Idaho Fair Housing Law

Housing discrimination on the grounds of sex, color, race, national origin, religion, handicap, age, and revenge is prohibited by this law. The act offers state-level protection comparable to those found in the federal Fair Housing Act (FHA).

Prohibited Conduct Act

According to this act, HOAs in Idaho are not allowed to create, modify, or enforce any covenant, condition, or restriction in such a way that it forbids the setting up of solar collectors or panels on the rooftop of any building that falls under their jurisdiction. The placement of solar panels, however, may be regulated by an HOA. 

Fines and Foreclosures

In Idaho, homeowners association fines can be enforced for the violation of the organization's rules and for making payments late. The fine amounts are specified in the HOA's governing documents.

Keep in mind that Idaho HOAs are not permitted to levy fines against members without first obtaining a majority vote from the other members.

In order to levy a fine, the property owner must get written notice 30 days prior to the date of the meeting. No fee may be levied if the homeowner addresses the breach and makes an effort to remedy it before the meeting.

In addition, if an assessment is not paid, the homeowners association may place a lien on the delinquent homeowner's property. Should the lien not be addressed, the member's home can be foreclosed to recover the unpaid amount.

HOAs May Not Impose Fines for Certain Reasons

HOA board members may not penalize homeowners for the following:

• Putting in solar energy collectors or solar panels
• Making use of political signs
• Displaying of the POW/MIA flag, the State of Idaho flag, the official or replica flag of any United States armed forces branch, or the US national flag, provided it complies with federal law
• Leasing of the HOA's buildings, land, or property
• Installing antennas and satellite dishes

Reasonable guidelines pertaining to the positioning and presentation of any of the aforementioned items may be included in an HOA's governing documents. 

Joining and Leaving HOAs in Idaho

The truth is that there are no state laws that specify whether joining or leaving a homeowners association in Idaho is mandatory. HOAs will create their own rules that specify whether it is mandatory or optional to join or leave a homeowners association.

About DoorLoop's HOA Tools

Homeowners associations in Idaho have a responsibility to ensure that they follow the applicable laws and regulations. This includes careful record-keeping, the provision of notices, and timely execution of repairs.

However, without the right tools, remaining compliant can seem incredibly overwhelming. This is why we designed DoorLoop. Our intuitive software addresses these problems and ensures that your HOA runs like a well-oiled machine.

It includes a comprehensive range of accounting features, a communication portal that you can use to liaise with vendors and members, storage options for community documents, and a host of other tools that will help to streamline your workflow.

Plus, with world-class customer support and incredible ease of use, there's no reason not to switch to DoorLoop for help managing a homeowners association in Idaho.

You can try our HOA management software out for free by scheduling a free demo. If you would like to learn more, please get in touch with us, and our team will gladly assist!

The Bottom Line

When running a homeowner's association, it's important to have a good understanding of the relevant Idaho HOA laws, rules, and regulations. You should also have the right tools at your disposal to ensure that you comply with these laws.

With DoorLoop, you can rest assured that your HOA is well-equipped to deal with the ins and outs of day-to-day operations. Schedule your free demo today to try it out for yourself!

Frequently Asked Questions

1. Can an Idaho HOA impose fines for unpaid HOA fees?

Yes. Homeowners associations in Idaho can charge fines if a member fails to make payments on time. The HOA may place a lien on the delinquent homeowner's property if they fail to settle the overdue balance, which could lead to the foreclosure of his or her home.

2. What powers do property owners associations have in Idaho?

These organizations have the legal right to collect assessments for the maintenance of shared areas. They also have the right to access and maintain common elements and may impose reasonable fines for violations and late payments. In the event that a homeowner fails to make payments, the HOA will have the right to place a lien on and foreclose on the owner's home.

3. Can a homeowner take action against a homeowners association?

Yes, homeowners can approach a number of organizations, such as the Federal Trade Commission or the US Department of Urban Housing, for assistance if they feel that they have been treated unfairly.

They can also file private lawsuits against an HOA, so it's important to ensure that your association adheres to the applicable laws and regulations to avoid being penalized.

This is why it is important that you know how to deal with complaints and disputes.

4. May homeowners associations prohibit the installation of solar panels?

No. HOAs are not permitted by state law to restrict the use of solar panels. However, they may include guidelines about the positioning of these devices in their governing documents.