Idaho HOA Law Changes 2021–2025: What Every Board Needs to Know

Overview of Idaho HOA Law Changes 2021–2025

Idaho made one of the more substantial legislative changes among all states during this period: consolidating its scattered homeowners association rules into a single, comprehensive statute for the first time.

2022 Legislative Session

HB 703 — Idaho Homeowner's Association Act

Governor Little signed HB 703 on March 31, 2022, effective July 1, 2022. The bill consolidated Idaho's HOA-related statutes into a single new chapter, Title 55, Chapter 32 of the Idaho Code — the "Homeowner's Association Act." Before this, Idaho HOA governance was fragmented, with no single statutory home for association rules. Two provisions stand out for boards: first, an association must provide up-to-date financial disclosures to a requesting member within 10 days of the request, and must deliver a copy of its financial disclosures to all members within 60 days of the close of its fiscal year. Second, § 55-3204 established new governance and administrative requirements, making good corporate governance and recordkeeping practices independently enforceable by any member — and requiring that board meetings be open to all members except properly called "executive sessions" held for specific, limited purposes upon a majority board vote.

2024 Legislative Session

HB 589 — Prohibition on Junk Closing and Title Fees

HB 589 targeted fees HOAs and their management companies charge in connection with a home sale or title transfer. The bill clarified that an HOA or its agent may not charge a fee simply for providing a property owner's statement of assessment account, and it prohibits an HOA from charging a transfer fee unless that fee is expressly authorized in the CC&Rs. The bill amended Idaho Code §§ 55-3203 and 55-3205, which address definitions and the disclosure of fees and financial information. Idaho boards and their management companies should review their fee schedules for statement-of-account charges and unauthorized transfer fees and remove any that aren't backed by an express CC&R provision.

Board Action Checklist

• Confirm your association's financial disclosure process meets both the 10-day member-request turnaround and the 60-day post-fiscal-year-end distribution deadline under the Homeowner's Association Act
• Review board meeting practices — meetings must be open to members except for narrowly defined executive sessions called by majority board vote
• Audit your fee schedule for statement-of-account fees and title transfer fees; remove any that are not expressly authorized by your CC&Rs
• Confirm your governing documents and administrative practices align with § 55-3204's governance and recordkeeping requirements

How APM Helps Idaho HOA Boards Stay Compliant

APM's remote HOA management service monitors Idaho HOA and condominium law updates and provides client boards with compliance guidance and updated policy templates as the law changes. Learn about our Idaho remote management services. Contact us at billing@apmhoa.com or call 810-777-7060.

Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Idaho attorney for guidance specific to your community.