Title 55, PROPERTY IN GENERAL

55-1501. Short title. This act shall be known and may be cited as the "Condominium Property Act."

55-1502. Purpose — Public policy. Whereas, the availability of more adequate financing for construction, land development and improvement, and business expansion is beneficial and advantageous to the development of the state of Idaho and in the public interest, and, whereas, the …

55-1503. Definitions. As used in this act unless the context otherwise requires: (a) "Condominium" means an estate in property as defined in section 55-101B, Idaho Code, as amended. (b) "Project" means the entirety of the property divided or to be divided into condominiums. (c) "…

55-1504. Requirements to qualify. The requirements of this act shall apply to condominiums only (a) if there shall be recorded in the county in which such condominiums are located or to be located a declaration, as provided in this act, together with a plat or plats, and (b) if s…

55-1505. Contents of declaration. (1) The declaration shall contain the following: (a) A legal description of the surface of the ground within the project. (b) A legal description of each unit in the project, which description may consist of the identifying number, symbol or name…

55-1506. Administration — By-laws — Articles of incorporation — Recordation required to modify or amend. Except when a domestic corporation has been formed and is designated in the declaration to serve as a management body and to administer the project, the administration of ever…

55-1507. Contents of bylaws. The bylaws referred to in section 55-1506, Idaho Code, when required, shall provide for at least the following: (a) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at…

55-1508. Recordation of instruments affecting project. The declaration, plat or plats, deeds, by-laws, administrative provisions, articles of incorporation as provided in section 55-1506, any instrument by which the provisions of this act may be waived, and every instrument affec…

55-1509. Grant — Physical boundaries of units — Incidents excluded — Common areas — Decorating rights of owner. Unless otherwise expressly provided in the declaration, deeds, plat or plats, the incidents of a condominium grant are as follows: (a) The physical boundaries of the un…

55-1510. Removal of property from law — Common ownership — Resubmission. Unless otherwise provided in the declaration, a project may be removed from the provisions of this act by a vote or written consent of the condominium owners owning at least a two-thirds (2/3) interest in th…

55-1511. Partition — Sale. (a) Where two (2) or more persons own condominiums in a project an action may be brought by one (1) or more of such persons for the partition of the interests comprising the project, as if the owners of all of the condominiums in such project were tenan…

55-1512. Actions relating to common areas — Persons designated to receive process — New designation filed — Service on auditor — Copy from auditor to management body — Application of corporate law. Except when a domestic corporation has been formed and designated in the declarati…

55-1513. Actions by management on behalf of two or more owners. Without limiting the rights of any condominium owner, actions may be brought by the management body on behalf of two (2) or more of the condominium owners with respect to any cause of action relating to the common ar…

55-1514. Separate taxation — Lien — Tax deed. Notwithstanding any contrary or inconsistent provision of the Idaho Code or of this act, property taxes, assessments, special assessments, and all special taxes or charges of the state of Idaho or of any political subdivision thereof,…

55-1515. Owners proportionately liable for common areas — Remaining balance not prejudiced by settlement — Indemnification. Each condominium owner’s liability for claims, judgments or awards arising out of or in connection with the ownership, use, operation or management of the c…

55-1516. Liability of unit owners, tenants, employees — Duties and powers of owners. All condominium owners, tenants of such owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to the provisions of this a…

55-1517. Insurance of individual units by management body. The management body, if required by the declaration, by-laws or otherwise, or at the request of a mortgagee or a beneficiary of a deed of trust having a first mortgage or first deed of trust of record covering a unit or a…

55-1518. Assessment and other charges a lien — Notice recorded — Payment and release — Priority of liens — Expiration — Extension — Enforcement by sale — Purchase by management body. An assessment upon any condominium made in accordance with the declaration, any recorded by-laws,…

55-1519. Liens for labor, services or materials — Express consent — Emergency repairs — Proportionate payment for removal of lien. No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or …

55-1520. Personal property acquired, held and disposed of by management body — Beneficial interest proportionate — Transfer. Unless otherwise provided for in a declaration recorded pursuant to section 55-1505, a management body may acquire and hold, for the benefit of the condomi…

55-1521. Liberal construction of deeds, declarations or plans for condominium projects. Any deed, declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and provisions thereof shall be presumed to be independent and …

55-1522. Rule against perpetuities and unreasonable restraints on alienation inapplicable. It is expressly provided that the rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall …

55-1523. Refusal to approve project or record plat forbidden. No city council, board of trustees, or other governing body of the county, town, village or city in which a project is created pursuant to this act shall have the right to refuse acceptance or approval of nor may any c…

55-1524. Application of local zoning ordinances. Unless a contrary intent is clearly expressed in local zoning ordinances, such ordinances shall be construed to treat like structures, lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale o…

55-1525. "Blue Sky Law" inapplicable. The provisions of title 26, chapter 18, Idaho Code, shall not apply to the creation, issuance, sale, offer for sale, solicitation of an offer to buy, conveyance, transfer, or other disposition, or encumbrance or other hypothecation, or manage…

55-1526. Legal description that designated on plat or in declaration. Every deed, contract of sale, lease, mortgage or other instrument may legally describe a condominium by its identifying number, symbol, name or other identification or designation as shown on the plat of record…

55-1527. Zoning laws applied where not inconsistent. Except where inconsistent with the provisions or purposes of this act, state and local laws relating to plats, recording, subdivisions or zoning shall apply to condominiums and to projects as herein defined.

55-1528. statement of account — disclosure of fees. (1) A management body or its agent shall provide a unit owner and the owner’s agent, if any, a statement of the unit owner’s account not more than five (5) business days after receipt of a request by the unit owner or the unit o…