On Mar. 28, IDA LEG reported bill re board of homeowner associations.
IDA LEG approved Bill HB 361 re definitions, fees, financial disclosures and to establish provisions re declarant control, restrictions on board membership, and proxy votes.
Amends Idaho code, IDA LEG 55-3203 (definitions), adds new section IDA LEG 55-3204A (declarant control), new section IDA LEG 55-3204B (board restrictions).
Bill HB 361 also amends IDA LEG 55-3205 regarding the fees and financial disclosures.
Document dated Mar. 28, 2025, received from IDA LEG Apr. 4, summarized on Apr. 9.
Homeowner Association Board
Includes declarant, owner and declaration as defined terms, and after Jul. 1, 2025, allows for declarant control where designees may amount/remove board members.
By 180 days after 75% percent of the lots are conveyed to owners, at least 1/3 of the positions on board will be offered for members elected by owners other than declarant.
Once 95% of a development is built and occupied, declarant will start to turn off control of the association to the owners and complete the process within 12 months.
Failure to complete the foregoing actions will result in injunctive relief by the owner.
Only one owner per lot will serve concurrently on the board of a homeowner's association, other than during the period of the declarant control of the association.
Votes to owners may be cast under written proxy at no more than 50% per owner.
The association or its agent will provide a member and/or agent, a statement of member's assessment account no more than 5 business days after a written request.
Statement of assessment account will include all outstanding assessments, charges, and fees, due and owing to the association, including any late fees or accrued interest.
Association will not charge a transfer fee unless the authority to do so is expressly stated in the declaration of covenants, conditions, and restrictions, with conditions.
Legislative History
On Mar. 3, 2025, bill introduced in House; on Mar. 13, 2025, bill was passed in House.
On Mar. 14, 2025, bill delivered to Senate; on Mar. 24, 2025, bill passed in Senate.
On Mar. 25, 2025, bill sent to the governor; on Mar. 28, 2025, bill signed by governor.
On Mar. 28, 2025, bill became Law Chapter 204, and becomes effective Jul. 1, 2025.
Effectiveness
Due to emergency declaration, Act will be in full force and effect on/after Jul. 1, 2025.
