Title 55, PROPERTY IN GENERAL

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…

55-1601. Short title. This chapter may be cited as the "Corner Perpetuation and Filing Law."

55-1602. Declaration of policy. It is the purpose of this chapter to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and filing of information concerning the marking o…

55-1603. Definitions. Except where the context indicates a different meaning, terms used in this chapter shall be defined as follows: (1) "Accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories m…

55-1604. Filing requirements. A professional land surveyor shall complete, sign, and file with the county clerk and recorder of the county where the corner is situated a written record of the establishment, reestablishment, or rehabilitation of a corner monument and its accessori…

55-1605. Filing or recording. A professional land surveyor may file or record any corner record as to any property controlling corner or accessory to a corner.

55-1606. Filing or recording information. The board shall, by regulation, provide and prescribe the information which shall be necessary to be included in the corner record and the board shall prescribe the form in which such corner record shall be presented and filed or recorded…

55-1607. County clerk to keep record — Fees. (a) The county clerk and recorder of the county containing the corner shall receive the completed corner record and preserve it in the same manner as any other recorded instruments. Proper indexes shall be kept of such corner records b…

55-1608. Professional land surveyor to establish or rehabilitate monuments. (1) In every case where a corner record of a survey corner is required to be filed or recorded under the provisions of this chapter, the professional land surveyor must rehabilitate or remonument any corn…

55-1609. To be signed by professional land surveyor or government agent. No corner record shall be filed or recorded unless the same is signed by a professional land surveyor as defined herein, or, in the case of an agency of the United States government, the certificate may be s…

55-1611. Federal government filings without fees. All federal government surveys performed by authorized personnel of agencies of the federal government shall not be subject to the provisions of this chapter, except that federal agencies may comply with the provisions of the chap…

55-1612. Penalty. Professional land surveyors failing to comply with the provisions hereof shall be subject to disciplinary action.

55-1613. Monuments disturbed by construction activities — Procedure — Requirements. The physical existence and location of the monuments of property controlling corners and accessories to corners, as well as benchmarks established and points set in control surveys by agencies of …

55-1701. DEFINITIONS. The following definitions shall apply to terms used in this chapter: (1) "Board" means the Idaho board of licensure of professional engineers and professional land surveyors. (2) "Idaho plane coordinate system" or "IPCS" means the system, and any successor s…

55-1702. IDAHO PLANE COORDINATE SYSTEM. (1) The board shall, by rule, provide and prescribe the information that defines the currently accepted system of plane coordinates of the IPCS. (2) The most recent system of plane coordinates that has been established by the NGS based on t…

55-1703. PLANE COORDINATES. (1) The plane coordinates to be used in expressing the position or location of a point in the appropriate zone of the IPCS shall consist of two (2) distances expressed in the units of measure used by the NGS at the time the SPCS is published. The east …

55-1704. zone naming and documents reporting coordinates within multiple zones. Any document containing coordinates of the IPCS will include, at a minimum, the datum, adjustment, epoch, and zone names as defined by the NGS. When any document reports coordinates of points that lie…

55-1705. STATED OR IMPLIED ACCURACY. The accuracy of coordinates shall be as stated in the document containing the coordinates. The expression of coordinates to decimals of the units used may not be construed as a statement of expected accuracy or reliability, unless so stated in…

55-1706. GEODETIC COORDINATES. The official geodetic datums to which geodetic coordinates, including but not limited to latitude, longitude, ellipsoid height or orthometric height, are referenced within the state of Idaho shall be those defined by the NGS.

55-1707. NONAUTHORITATIVE PLANE OR GEOGRAPHIC COORDINATES. The provisions of this chapter shall not be construed to prohibit the appropriate use of coordinates from nonauthoritative sources or coordinates based on alternative datums and geodetic reference networks. However, such …

55-1708. SUPPLEMENTAL COORDINATE DESCRIPTIONS. (1) Whenever coordinates based on the IPCS are used to describe any boundary or right in real property, which in the same document or another document of record is also described by reference to any subdivision, line, or corner of th…

55-1709. Description by coordinate not mandatory. Nothing contained in this chapter shall require any lessee, purchaser, or mortgagee of real property or any right in real property to rely wholly on a land description, any part of which depends exclusively upon coordinates of the…

55-1710. MODIFIED COORDINATES. Coordinates within the IPCS that have been modified for any purpose or coordinates within non-IPCS systems shall have: (1) The qualifier "MODIFIED" added to the datum, adjustment, epoch, and zone reference. The document containing the coordinates sh…

55-1801. Title. This chapter shall be known and may be cited as the "Subdivided Lands Disposition Act."

55-1802. Definitions. When used in this chapter, unless the context otherwise requires: (1) "Commission" means the Idaho real estate commission. (2) "Disposition" includes sale, lease, assignment, award by lottery or any other transaction concerning a subdivision, if undertaken f…

55-1803. Administration of chapter. This chapter shall be administered by the Idaho real estate commission.