Title 55 — PROPERTY IN GENERAL

55-3005. Validity — Effect on other instruments. (1) An environmental covenant that complies with this chapter runs with the land. (2) An environmental covenant that is otherwise effective is valid and enforceable even if: (a) It is not appurtenant to an interest in real property…

55-3006. Relationship to other land use law. This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenan…

55-3007. Notice. (1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (a) Each person that signed the covenant; (b) Each person holding a recorded interest in the real property subject to the covenant; (c) Each pers…

55-3008. Recording. (1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (2) …

55-3009. Duration — Amendment by court action. (1) An environmental covenant is perpetual unless it is: (a) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (b) Terminated by consent pursuant to section 55-3010, Idaho Code; (c) Term…

55-3010. Amendment or termination by consent. (1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (a) The agency; (b) Unless waived by the agency, the current owner of the fee simple of the real property subject…

55-3011. Enforcement of environmental covenant. (1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (a) A party to the covenant; (b) The agency or, if it is not the agency, the Idaho department of environmen…

55-3012. Registry — Substitute notice. (1) The Idaho department of environmental quality shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information conc…

55-3013. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

55-3014. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. section 7001 et seq.) but does not modify, limit, or supersede section 101…

55-3015. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of …

55-3101. legislative findings. (1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property. (2) A transfer fee covenant violates…

55-3102. definitions. As used in this section: (1) "Association" means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes or any interest in real property, created pursuant to a declaration, covenant or othe…

55-3103. real estate transfer fees unlawful. (1) A transfer fee covenant recorded after the effective date of this section, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding upon or enforceable against the affected real property or…

55-3201. SHORT TITLE. This chapter shall be known and may be cited as the "Homeowner’s Association Act."

55-3202. LEGISLATIVE INTENT. An increasing number of Idahoans reside within homeowner’s associations. To protect the rights of current and subsequent property owners within a homeowner’s association, it is the intent of the legislature to ensure the transparent operation and incl…

55-3203. DEFINITIONS. As used in this chapter: (1) "Board" means the entity that has the duty of governing the homeowner’s association and may be referred to as a board of directors, executive board, or any other such similar name. (2) "Community manager" means a person or agent …

55-3204. administration of an incorporated or unincorporated homeowner’s association. (1) Board meetings must be open to the members of the homeowner’s association and any representative or agent designated in a signed writing by a member to represent the member. (2) An executive…

55-3204A. HOMEOWNER’S ASSOCIATIONS — POWERS — DUTIES — ENFORCEMENT. For any homeowner’s association formed after July 1, 2025, the following provisions shall apply: (1)(a) The governing documents may provide for a period of declarant control of the homeowner’s association, during…

55-3204B. RESTRICTIONS ON BOARD MEMBERSHIP — PROXY VOTES. (1) Except during the period of declarant control of the homeowner’s association pursuant to section 55-3204A, Idaho Code, only one (1) owner per lot shall serve concurrently on the board of a homeowner’s association. (2) …

55-3205. DISCLOSURE OF FEES and financial disclosures. (1) A homeowner’s association or its agent shall provide a member and the member’s agent, if any, a statement of the member’s assessment account no more than five (5) business days after a written request by the member or the…

55-3206. VIOLATIONS — due process and notice — limitation on fines — attorney’s fees. (1) No fine may be imposed for a violation of the covenants and restrictions pursuant to the rules or regulations of a homeowner’s association unless the authority to impose a fine is clearly se…

55-3207. Homeowner’s association liens. (1) A homeowner’s association may levy an assessment against a lot for the reasonable costs incurred in the maintenance of common areas consisting of real property owned and maintained by the homeowner’s association. (2)(a) A homeowner’s as…

55-3208. solar panels. (1) No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits the installation of solar panels or solar collectors on the rooftop of any property or structure within the jurisdiction of the ho…

55-3209. political signs. (1) Except as otherwise provided in this section, no homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of a political sign. (2) A homeowner…

55-3210. FLAGS. (1) No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of: (a) The flag of the United States of America; (b) The flag of the state of Idaho; (c) Th…

55-3211. prohibited conduct — rental restrictions. No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits the rental, for any amount of time, of any property, land, or structure thereon within the juris…

55-3212. internal accessory dwelling units. (1) No covenant, condition, or restriction may be added, amended, or enforced by a homeowner’s association or any other parties in such a way that strictly prohibits internal accessory dwelling units, as defined in subsection (3) of thi…

55-3213. family daycare homes. (1) On and after July 1, 2024, except as otherwise provided in this section, no homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the operation of…