Homeowner’s Association Act

Do you live in a subdivision with a HOA? There is Homeowner's Association Act that passed on July 1st, 2022 which combines previous pieces of Idaho code regarding the HOA all into one place with new requirements for HOA meetings and financial disclosure into the new Homeowner’s Association Act.

In this post, I’ll discuss the key takeaways from the 8 paged document. A link below will take you to the Honeowner’s Association Act for you to read and analyze. 

https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2022/legislation/H0703.pdf 

• HOAs must provide to every member disclosure of fees each year on or before January 1.
• HOAs must provide to every member a copy of the association’s financial statement each year. 
• HOA members can request up to date financial disclosure at any given moment and must receive the disclosure within ten days.

Idaho code overrides any HOA rules or CC&Rs. The HOA cannot change or amend the following rules:

• Solar panels or solar collectors on rooftops cannot be prohibited. However, the HOA may determine the specific location where solar panels or solar collectors may be installed on the roof as long as installation is permitted with an orientation to the south or within forty-five (45) degrees east or west of due south. 
• Also, the HOA may adopt reasonable rules for the installation of solar panels (and solar collectors) according to building code such as requiring that panels or collectors be parallel to a roofline, conform to the slope of a roof, and that any frame, support bracket, or visible piping or wiring to be painted to coordinate with the roofing material. 

• HOAs may adopt reasonable rules for political signs, subject to any applicable laws or ordinances, regarding the time, size, place, number, and manner of display of political signs. The HOA can remove political signs if they threaten public health and safety, violate other laws, or are “accompanied by sound or music.”

• HOAs cannot prevent the display of The flag of the United States of America, The flag of the state of Idaho, The POW/MIA flag; or flag of any branch of the US Military. However rules may be adopted on how they may be displayed.

• HOAs cannot place restrictions on rentals to properties unless there is an agreement in writing with the property owner. However, if the restriction is in the CC&R when signed at the time the property is purchased, they are valid and enforceable.