Bill

Bill > H0361


ID H0361

ID H0361
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.


summary

Introduced
03/03/2025
In Committee
03/18/2025
Crossed Over
03/13/2025
Passed
03/26/2025
Dead
Signed/Enacted/Adopted
03/31/2025

Introduced Session

2025 Regular Session

Bill Summary

RELATING TO HOMEOWNER'S ASSOCIATIONS; PROVIDING LEGISLATIVE INTENT; AMEND- ING SECTION 55-3203, IDAHO CODE, TO DEFINE TERMS AND TO REVISE A DEFINI- TION; AMENDING CHAPTER 32, TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-3204A, IDAHO CODE, TO PROVIDE FOR A PERIOD OF DECLARANT CON- TROL; AMENDING CHAPTER 32, TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-3204B, IDAHO CODE, TO PROVIDE FOR RESTRICTIONS ON BOARD MEM-

AI Summary

This bill addresses homeowners' associations (HOAs) in Idaho by introducing several key provisions aimed at protecting property owners' rights and establishing clearer governance standards. The legislation defines new terms such as "declarant" (the entity filing initial community documents) and adds provisions for the period of declarant control in newly formed HOAs after July 1, 2025. Specifically, the bill limits the duration of developer control, requiring that within 180 days of 75% lot ownership transferring to individual homeowners, at least one-third of board positions must be elected by owners, and by the time 95% of the development is built and occupied, full control must be transferred to homeowners within 12 months. The bill also restricts board membership by allowing only one owner per lot to serve concurrently and limits proxy voting, preventing any single owner from holding proxies representing more than 50% of total votes and prohibiting board members from being in the same household. Additionally, the bill strengthens financial transparency requirements, mandating that HOAs provide timely assessment account statements, annual fee disclosures, and financial reports to members without charging fees for such documentation. The underlying intent is to provide greater protection and clarity for homeowners in rapidly growing residential developments by establishing more transparent and balanced HOA governance rules.

Committee Categories

Business and Industry

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Ways and Means Committee (H)

Last Action

Reported Signed by Governor on March 28, 2025 Session Law Chapter 204 Effective: 07/01/2025 (on 03/31/2025)

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