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S1326aaH...................................by LOCAL GOVERNMENT AND TAXATION
LIENS - HOMEOWNER'S ASSOCIATIONS - Adds to existing law to provide for the
recording and enforcement of liens by homeowner's associations.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Loc Gov
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 26-7-2
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ipsen, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sorensen,
Stegner, Stennett, Thorne(Thorne), Wheeler,
NAYS -- Branch(Bartlett), Darrington, Hawkins, Keough, Schroeder,
Sims, Williams
Absent and excused -- Davis, Ingram
Floor Sponsor - Goedde
Title apvd - to House
02/05 House intro - 1st rdg - to Loc Gov
02/27 Rpt out - to Gen Ord
03/05 Rpt out amen - to 1st rdg as amen
03/06 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg - PASSED - 48-10-12
AYES -- Aikele, Barraclough, Bell, Bieter, Black, Block, Boe, Bolz,
Bradford, Bruneel, Callister, Collins, Crow, Cuddy, Deal, Ellis,
Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond,
Harwood, Henbest, Higgins, Jaquet, Kellogg(Duncan), Kunz, Langford,
Martinez, Meyer, Pischner, Pomeroy, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
Stone, Trail, Mr. Speaker
NAYS -- Bedke, Denney, Lake, Loertscher, Mader, McKague, Moyle,
Pearce, Tilman, Wood.
Absent and excused -- Barrett, Campbell, Clark, Gould, Hornbeck,
Jones, Kendell, Montgomery, Mortensen, Raybould, Wheeler, Young
Floor Sponsor - Bieter
Hld for reconsideration - to Gen Ord
03/11 Rpt out w/o rec - to 2nd rdg
2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 53-13-4
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz,
Bradford, Callister, Campbell, Clark, Collins, Crow, Deal, Ellis,
Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley,
Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg,
Kunz, Lake, Martinez, Meyer, Montgomery, Mortensen, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman,
Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Trail, Mr.
Speaker
NAYS -- Barrett, Denney, Kendell, Langford, Loertscher, Mader,
McKague, Moyle, Pearce, Schaefer, Tilman, Wheeler, Wood
Absent and excused -- Aikele, Bruneel, Cuddy, Young
Floor Sponsor - Bieter
Title apvd - to Senate
03/13 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 26-3-6
AYES -- Andreason, Boatright, Branch Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Goedde, Hill, Ingram, Ipsen,
King-Barrutia, Little, Lodge, Marley, Richardson, Risch, Sandy,
Sorensen, Stennett, Thorne, Wheeler, Williams
NAYS -- Keough, Schroeder, Sims
Absent and excused -- Brandt, Frasure, Geddes, Hawkins, Noh, Stegner
Floor Sponsor - Goedde
Title apvd - to enrol
Rpt enrol - Pres signed
03/15 Sp signed - to Governor
03/26 Governor signed
Session Law Chapter 275
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1326
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO HOMEOWNER'S ASSOCIATIONS; AMENDING CHAPTER 8, TITLE 45, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 45-810, IDAHO CODE, TO PROVIDE FOR
4 LIENS BY HOMEOWNER'S ASSOCIATIONS, TO SPECIFY ENFORCEABLE ASSESSMENTS, TO
5 PROVIDE FOR ACTIONS TO RECOVER UNPAID SUMS AND TO DEFINE "HOMEOWNER'S
6 ASSOCIATION."
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 8, Title 45, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 45-810, Idaho Code, and to read as follows:
11 45-810. HOMEOWNER'S ASSOCIATION LIENS. (1) Whenever a homeowner's associ-
12 ation levies any assessment against a lot, the association, upon complying
13 with subsection (2) of this section, shall have a lien upon the individual lot
14 for any unpaid assessments and interest accrued in the previous twelve (12)
15 months.
16 (2)(a) An association claiming a lien under subsection (1) of this sec-
17 tion shall file in the county in which the lot or some part thereof is
18 located a claim containing:
19 (i) A true statement of the amount due for the unpaid assessments
20 after deducting all just credits and offsets;
21 (ii) The name of the owner, or reputed owner, if known;
22 (iii) The name of the association; and
23 (iv) A description, sufficient for identification, of the property
24 to be charged with the lien.
25 (b) When a claim has been filed and recorded pursuant to this section and
26 the owner of the lot subject to the claim thereafter fails to pay any
27 assessment chargeable to such lot, then so long as the original or any
28 subsequent unpaid assessment remains unpaid, such claim shall automati-
29 cally accumulate the subsequent unpaid assessments and interest thereon
30 without the necessity of further filings under this section.
31 (c) The claim shall be verified by the oath of an individual having
32 knowledge of the facts and shall be recorded by the county recorder. The
33 record shall be indexed as other liens are required by law to be indexed.
34 (d) Within twenty-four (24) hours after recording a lien on the property,
35 the association shall serve, by personal delivery to the owner or reputed
36 owner or by certified mail to the last known address of the owner or
37 reputed owner, a true and correct copy of the recorded lien.
38 (3) The lien may be continued in force for a period of time not to exceed
39 one (1) year from the date the claim is filed and recorded under subsection
40 (2) of this section; provided however, that such period may be extended by the
41 homeowner's association for not to exceed one (1) additional year by recording
42 a written extension thereof. For the purpose of determining the date the claim
43 is filed in those cases when subsequent unpaid assessments have accumulated
2
1 under the claim as provided in subsection (2) of this section, the claim
2 regarding each unpaid assessment shall be deemed to have been filed at the
3 time such unpaid assessment became due. The lien may be enforced by the board
4 of directors acting on behalf of the association.
5 (4) Unless the declaration or bylaws of the homeowner's association pro-
6 vide otherwise, fees, late charges, fines and interest imposed are enforce-
7 able as assessments under this section.
8 (5) This section does not prohibit a homeowner's association from pursu-
9 ing an action to recover sums for which subsection (1) of this section creates
10 a lien or from taking a deed in lieu of foreclosure in satisfaction of the
11 lien.
12 (6) An action to recover a money judgment for unpaid assessments may be
13 maintained without foreclosing or waiving the lien securing the claim for
14 unpaid assessments. However, recovery on the action operates to satisfy the
15 lien, or the portion thereof, for which recovery is made.
16 (7) As used in this section, "homeowner's association" means any incorpo-
17 rated or unincorporated association:
18 (a) In which membership is based upon owning or possessing an interest in
19 real property; and
20 (b) That has the authority, pursuant to recorded covenants, bylaws or
21 other governing instruments, to assess and record liens against the real
22 property of its members.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Bieter
Seconded by Callister
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1326
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete lines 12 through 15 and insert:
3 "ation levies an assessment against a lot for the reasonable costs incurred in
4 the maintenance of common areas consisting of real property owned and main-
5 tained by the association, the association, upon complying with subsection (2)
6 of this section, shall have a lien upon the individual lot for such unpaid
7 assessments accrued in the previous twelve (12) months."; in line 29, delete
8 "and interest thereon"; on page 2, delete lines 5 through 7; in line 8, delete
9 "(5)" and insert: "(4)"; in line 12, delete "(6)" and insert: "(5)"; in line
10 16, delete "(7)" and insert: "(6)"; and following line 22, insert:
11 "(7) In order to file a lien as provided in this section, a homeowner's
12 association that is an unincorporated association must be governed by bylaws
13 which provide for at least the following:
14 (a) A requirement that the homeowner's association hold at least one (1)
15 meeting each calendar year;
16 (b) A requirement that notice of any meeting of the homeowner's associa-
17 tion be published and distributed to all members of the homeowner's asso-
18 ciation;
19 (c) A requirement that the minutes of all homeowner's association meet-
20 ings be recorded;
21 (d) A method of adopting and amending fees; and
22 (e) A provision providing that no fees or assessments of the homeowner's
23 association may be increased unless a majority of all members of the
24 homeowner's association vote in favor of such increase.".
25 CORRECTIONS TO TITLE
26 On page 1, in line 4, delete "TO SPECIFY ENFORCEABLE ASSESSMENTS,"; in
27 line 5, delete "AND" and insert: ","; and delete line 6 and insert:
28 "ASSOCIATION" AND TO PROVIDE THAT HOMEOWNER'S ASSOCIATIONS THAT ARE UNINCORPO-
29 RATED ASSOCIATIONS MUST BE GOVERNED BY CERTAIN BYLAWS IN ORDER TO FILE
30 LIENS.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1326, As Amended in the House
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO HOMEOWNER'S ASSOCIATIONS; AMENDING CHAPTER 8, TITLE 45, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 45-810, IDAHO CODE, TO PROVIDE FOR
4 LIENS BY HOMEOWNER'S ASSOCIATIONS, TO PROVIDE FOR ACTIONS TO RECOVER
5 UNPAID SUMS, TO DEFINE "HOMEOWNER'S ASSOCIATION" AND TO PROVIDE THAT
6 HOMEOWNER'S ASSOCIATIONS THAT ARE UNINCORPORATED ASSOCIATIONS MUST BE GOV-
7 ERNED BY CERTAIN BYLAWS IN ORDER TO FILE LIENS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 8, Title 45, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 45-810, Idaho Code, and to read as follows:
12 45-810. HOMEOWNER'S ASSOCIATION LIENS. (1) Whenever a homeowner's associ-
13 ation levies an assessment against a lot for the reasonable costs incurred in
14 the maintenance of common areas consisting of real property owned and main-
15 tained by the association, the association, upon complying with subsection (2)
16 of this section, shall have a lien upon the individual lot for such unpaid
17 assessments accrued in the previous twelve (12) months.
18 (2)(a) An association claiming a lien under subsection (1) of this sec-
19 tion shall file in the county in which the lot or some part thereof is
20 located a claim containing:
21 (i) A true statement of the amount due for the unpaid assessments
22 after deducting all just credits and offsets;
23 (ii) The name of the owner, or reputed owner, if known;
24 (iii) The name of the association; and
25 (iv) A description, sufficient for identification, of the property
26 to be charged with the lien.
27 (b) When a claim has been filed and recorded pursuant to this section and
28 the owner of the lot subject to the claim thereafter fails to pay any
29 assessment chargeable to such lot, then so long as the original or any
30 subsequent unpaid assessment remains unpaid, such claim shall automati-
31 cally accumulate the subsequent unpaid assessments without the necessity
32 of further filings under this section.
33 (c) The claim shall be verified by the oath of an individual having
34 knowledge of the facts and shall be recorded by the county recorder. The
35 record shall be indexed as other liens are required by law to be indexed.
36 (d) Within twenty-four (24) hours after recording a lien on the property,
37 the association shall serve, by personal delivery to the owner or reputed
38 owner or by certified mail to the last known address of the owner or
39 reputed owner, a true and correct copy of the recorded lien.
40 (3) The lien may be continued in force for a period of time not to exceed
41 one (1) year from the date the claim is filed and recorded under subsection
42 (2) of this section; provided however, that such period may be extended by the
43 homeowner's association for not to exceed one (1) additional year by recording
2
1 a written extension thereof. For the purpose of determining the date the claim
2 is filed in those cases when subsequent unpaid assessments have accumulated
3 under the claim as provided in subsection (2) of this section, the claim
4 regarding each unpaid assessment shall be deemed to have been filed at the
5 time such unpaid assessment became due. The lien may be enforced by the board
6 of directors acting on behalf of the association.
7 (4) This section does not prohibit a homeowner's association from pursu-
8 ing an action to recover sums for which subsection (1) of this section creates
9 a lien or from taking a deed in lieu of foreclosure in satisfaction of the
10 lien.
11 (5) An action to recover a money judgment for unpaid assessments may be
12 maintained without foreclosing or waiving the lien securing the claim for
13 unpaid assessments. However, recovery on the action operates to satisfy the
14 lien, or the portion thereof, for which recovery is made.
15 (6) As used in this section, "homeowner's association" means any incorpo-
16 rated or unincorporated association:
17 (a) In which membership is based upon owning or possessing an interest in
18 real property; and
19 (b) That has the authority, pursuant to recorded covenants, bylaws or
20 other governing instruments, to assess and record liens against the real
21 property of its members.
22 (7) In order to file a lien as provided in this section, a homeowner's
23 association that is an unincorporated association must be governed by bylaws
24 which provide for at least the following:
25 (a) A requirement that the homeowner's association hold at least one (1)
26 meeting each calendar year;
27 (b) A requirement that notice of any meeting of the homeowner's associa-
28 tion be published and distributed to all members of the homeowner's asso-
29 ciation;
30 (c) A requirement that the minutes of all homeowner's association meet-
31 ings be recorded;
32 (d) A method of adopting and amending fees; and
33 (e) A provision providing that no fees or assessments of the homeowner's
34 association may be increased unless a majority of all members of the
35 homeowner's association vote in favor of such increase.
STATEMENT OF PURPOSE
RS 11723
An Idaho county was asked to record a claim of lien against 4 IRS
agents, a department of justice attorney, and an Army Corp of
Engineers employee in the amount of $16,589,892. The county clerk
refused because he could find no Idaho statute that required or
authorized the filing. A court subsequently agreed. Since that time,
the county has refused to record any liens not found in code.
While several other associations like homeowners associations
are referenced in code, homeowners associations are not. This
proposal would put homeowners associations on the same legal basis
as condominium associations.
FISCAL IMPACT
None
Contact
Name: John Goedde
Phone: 332-1355
STATEMENT OF PURPOSE/FISCAL NOTE S 1326