ICYMI: Live in an HOA? The Idaho legislature quietly created a new HOA act: here’s what’s included
In a significant development, the Idaho Legislature discreetly revamped homeowner's association laws introducing a comprehensive Homeowner's Association Act that consolidates various provisions into one coherent framework. The bill received overwhelming support, with the House voting 63-3 and the Senate 34-1, ultimately earning Governor Brad Little's signature. The newly enacted Homeowner's Association Act includes critical additions to enhance transparency and financial disclosure within HOAs. Members of HOAs are now entitled to receive a detailed rundown of fees annually before January 1. Furthermore, the HOA must provide each member with a copy of the association's financial statement yearly. Moreover, HOA members possess the right to request an "up-to-date financial disclosure" at any time, which the association must furnish within ten days. This consolidation of Idaho code pertaining to HOAs streamlines information, making it easier for board members, administrators, and residents to comprehend and navigate the laws that govern their communities. The updated code also establishes that Idaho state law supersedes any HOA rules or CC&Rs. Notably, homeowners cannot be prohibited from installing solar panels, although some reasonable design and location restrictions may apply. Political signs are also safeguarded, except when they pose public health and safety threats, violate other laws, or come with accompanying sound or music. Additionally, HOAs are barred from prohibiting flags of the state, the United States, branches of the military, or POW/MIA flags. With these updates in place, Idaho seeks to strike a balance between safeguarding property rights and fostering a transparent and harmonious environment within homeowner's associations throughout the state.