Gov. Brad Little signed a new HOA bill passed by the House (63-3) and Senate (34-1) just last month, creating a new Homeowner’s Association Act that will go into effect July 1, 2022.
The bill creates new requirements for HOA’s in Idaho requiring the HOA to provide copies of fees and financial statements to all HOA members on or before January 1 of each year.
The new Idaho Law and Code will take precedence over HOA rules and CC&R’s.
The following are examples of rules that are Not enforceable by an HOA:
- Restrictions on rentals to properties without the agreement in writing of a property owner, Unless the restriction is in the covenants, conditions, and restrictions signed when the property is purchased, then they remain valid and enforceable.
- Political signs can’t be outlawed on homeowner property, unless they threaten public health and safety, violate other laws, or are “accompanied by sound or music.”
- State Flags, US Flags, Military Flags, or POW/MIA Flags cannot be prohibited, although there are stipulations.
- Solar panels cannot be prohibited, though some rules on location and “reasonable” restrictions on design are allowed.
- Read the Full Bill Here: HOUSE BILL NO.703 (2022) – Homeowner’s association act (idaho.gov)