What is the Idaho Homeowner's Association Act?

The Idaho Homeowner's Association Act (HOA Act Idaho House Bill 628) is a set of laws that govern the operation and management of homeowner associations (HOAs) in the state of Idaho. The HOA Act provides a framework for the formation, operation, and dissolution of HOAs, as well as establishing rights and responsibilities for both homeowners and the HOA board of directors.

The HOA Act defines an HOA as a legal entity created by a real estate developer or group of property owners for the purpose of managing and maintaining a community of homes or condominiums. The act also defines the governing documents of an HOA, which include the declaration of covenants, conditions, and restrictions (CC&Rs) and the bylaws. The CC&Rs and bylaws set out the rules and regulations that govern the community, such as exterior appearance guidelines and parking rules.

Under the HOA Act, an HOA must be run by a board of directors, which is elected by the community's property owners. The board is responsible for making decisions on behalf of the community and managing the HOA's finances. The HOA Act also allows for the hiring of a professional property management company to assist with day-to-day operations.

The HOA Act grants the power to assess and collect fees from property owners to cover the costs of running the community. These fees can vary depending on the size and amenities of the community, and may include monthly or annual assessments. The HOA Act also gives the power to enforce rules and regulations through fines and penalties, and may even have the authority to place a lien on a property for unpaid assessments or fines. This section of the Idaho HOA act is very important and should be understood by the board and members. It begins on page 3 line 1 and is very specific about the association's responsibility to provide statements and disclose fees within very specific timeframes.

The HOA Act also establishes the rights and responsibilities of homeowners in an HOA-governed community. Homeowners have the right to access and review the association's financial records, the right to vote on important community matters, and the right to attend and speak at meetings of the board of directors. Additionally, homeowners have the right to receive notice of meetings, including an agenda and any proposed changes to the governing documents.

The HOA Act also provides for the dissolution of an HOA in certain circumstances. The act allows for the voluntary dissolution of an HOA by a vote of the majority of the property owners, or through a court-ordered dissolution in the case of a violation of the HOA Act or the governing documents.

It is important to note that the HOA Act also includes provisions for dispute resolution, such as mediation and arbitration. This allows for the resolution of disputes between homeowners and the HOA board of directors without the need for expensive and time-consuming court proceedings.

In summary, the Idaho Homeowner's Association Act (HOA Act) is a set of laws that govern the operation and management of homeowner associations in the state of Idaho. The HOA Act provides a framework for the formation, operation, and dissolution of HOAs, as well as establishing rights and responsibilities for both homeowners and the HOA board of directors. It defines an HOA as a legal entity created by a real estate developer or group of property owners for the purpose of managing and maintaining a community of homes or condominiums, and establishes the governing documents of an HOA. It grants the power to assess and collect fees from property owners and allows for the enforcement of rules and regulations through fines and penalties. The HOA Act also establishes the rights and responsibilities of homeowners, such as the right to access and review the association's financial records, the right to vote on important community matters, and the right to attend and speak at meetings of the board of directors, and the right to receive notice of meetings. Additionally, it provides for the dissolution of an HOA and dispute resolution mechanisms like mediation and arbitration.