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IdahoH 03612025 regular legislative sessionHouseWALLET

HOMEOWNER’S ASSOCIATIONS – Amends and adds to existing law to revise provisions regarding definitions and fee and financial disclosures and to establish provisions to provide for a period of declarant control, restrictions on board membership, and proxy votes.

Sponsored By: WAYS AND MEANS COMMITTEE

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Homeowners gain control after developer oversight

Effective July 1, 2025, the law sets control rules for Idaho homeowner associations formed after that date. Covered associations include incorporated and unincorporated residential groups whose governing documents allow assessments and property liens. Governing documents can let the developer, called the declarant, or its designees appoint and remove board members and officers. But the developer cannot remove owner-elected board members when the documents allow owner elections during developer control. Within 180 days after 75% of lots pass to owners other than the developer or qualifying homebuilders, at least one-third of board seats must be offered for election by non-developer owners. Once 95% of the development is built and occupied, the developer must start transferring full control and finish within 12 months. Other developer rights remain intact, including architectural review during developer control unless the declaration says otherwise. An owner harmed by a failure to turn over control can seek a court order after written notice and 30 days.

Homeowners get fee limits and free statements

For Idaho associations formed after July 1, 2025, members or their agents can request free account statements in writing. The association or its agent must respond within five business days, listing outstanding assessments, charges, fees, late fees, interest, and transfer fees. The association is bound by the stated amounts; charging for the statement violates Idaho’s consumer protection law. Transfer fees require express permission in the declaration, must be charged only by the association, and cannot go to third parties. By January 1 each year, the association or its agent must disclose fees for the following calendar year. Those fees cannot exceed the disclosed amounts, and no extra transfer surcharges or fees are allowed.

Homeowners get timely association financial records

For Idaho associations formed after July 1, 2025, members or their agents can request updated financial disclosures. The association or its agent must provide them within 10 business days. All members and their agents must also receive updated, reconciled disclosures within 60 days after each fiscal year ends. Associations must follow Idaho nonprofit law’s records and reporting rules, except where this law provides otherwise.

Homeowners face board and voting limits

For Idaho associations formed after July 1, 2025, only one owner per lot can serve on the board at once. That limit does not apply during developer control. Outside developer control, associations with at least 20 residences also cannot have board members sharing a household and primary home. In those associations, owners can vote through written proxies signed under Idaho nonprofit law. No owner can hold proxies representing more than 50% of the association’s total votes. These proxy rules and the household restriction do not apply during developer control or in associations with fewer than 20 residences.

Sponsors & Cosponsors

Sponsor

  • WAYS AND MEANS COMMITTEE

    Affiliation unavailable

Cosponsors

  • Treg A. Bernt

    Republican • Senate

  • Jon O. Weber

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 101 • No: 0

Senate vote • 3/24/2025

Senate Floor Vote

Yes: 35 • No: 0

House vote • 3/13/2025

House Floor Vote

Yes: 66 • No: 0

Actions Timeline

  1. Reported Signed by Governor on March 28, 2025 Session Law Chapter 204 Effective: 07/01/2025

    3/31/2025

  2. Delivered to Governor at 4:04 p.m. on March 25, 2025

    3/26/2025

  3. Returned Signed by the President; Ordered Transmitted to Governor

    3/25/2025Senate

  4. Signed by President; returned to House

    3/25/2025Senate

  5. Received from the House enrolled/signed by Speaker

    3/25/2025Senate

  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

    3/24/2025House

  7. Returned from Senate Passed; to JRA for Enrolling

    3/24/2025House

  8. Read third time in full – PASSED - 35-0-0

    3/24/2025Senate

  9. Read second time; filed for Third Reading

    3/19/2025Senate

  10. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    3/18/2025Senate

  11. Introduced, read first time; referred to: Commerce & Human Resources

    3/14/2025Senate

  12. Received from the House passed; filed for first reading

    3/14/2025Senate

  13. Rules Suspended: Ayes 62 Nays 4 Abs/Excd 4, read in full as required – PASSED - 66-0-4

    3/13/2025House

  14. Read second time; Filed for Third Reading

    3/13/2025House

  15. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/12/2025House

  16. Reported Printed and Referred to Business

    3/4/2025House

  17. Introduced, read first time, referred to JRA for Printing

    3/3/2025House

Bill Text

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