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H0137...........................................................by BUSINESS HOMEOWNER'S ASSOCIATION - Amends existing law relating to homeowner's association liens to provide for special assessments against real property for the enforcement of a rule, regulation, covenant, condition or restriction of the homeowner's association. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to Bus 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 38-31-1 AYES -- Anderson, Bastian, Bell, Bilbao, Black, Block, Boe, Cannon, Chadderdon, Clark, Collins, Deal, Edmunson, Eskridge, Garrett, Henderson, Jaquet, Jones, Lake, Martinez, Miller, Mitchell, Nonini, Pasley-Stuart, Pence, Ring, Ringo, Roberts, Rusche, Sayler, Shepherd(2), Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills NAYS -- Andrus, Barraclough, Barrett, Bayer, Bedke, Bolz, Bradford, Crow, Denney, Ellsworth, Field(18), Field(23), Hart, Harwood, Henbest, Kemp, LeFavour, Loertscher, Mathews, McGeachin, McKague, Moyle, Nielsen, Raybould, Rydalch, Sali, Shepherd(8), Shirley, Skippen, Wood, Mr. Speaker Absent and excused -- Schaefer Floor Sponsors - Jaquet & Snodgrass Title apvd Held for reconsideration 03/01 Motion to Reconsider - PASSED Reconsidered - FAILED - 34-36-0 AYES -- Anderson, Bastian, Bell, Bilbao, Black, Block, Boe, Chadderdon, Collins, Deal, Edmunson, Field(23), Garrett, Henderson, Jaquet, Jones, Martinez, Miller, Mitchell, Nonini, Pasley-Stuart, Pence, Ring, Ringo, Rusche, Sayler, Shepherd(2), Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills NAYS -- Andrus, Barraclough, Barrett, Bayer, Bedke, Bolz, Bradford, Cannon, Clark, Crow, Denney, Ellsworth, Eskridge, Field(18), Hart, Harwood, Henbest, Kemp, Lake, LeFavour, Loertscher, Mathews, McGeachin, McKague, Moyle, Nielsen, Raybould, Roberts, Rydalch, Sali, Schaefer, Shepherd(8), Shirley, Skippen, Wood, Mr. Speaker Absent and excused -- None Floor Sponsor - Jaquet Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 137 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO HOMEOWNER'S ASSOCIATION LIENS; AMENDING SECTION 45-810, IDAHO 3 CODE, TO PROVIDE FOR SPECIAL ASSESSMENTS AGAINST REAL PROPERTY FOR THE 4 ENFORCEMENT OF A RULE, REGULATION, COVENANT, CONDITION OR RESTRICTION OF 5 THE HOMEOWNER'S ASSOCIATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 45-810, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 45-810. HOMEOWNER'S ASSOCIATION LIENS. (1) Whenever a homeowner's associ- 10 ation levies an assessment or special assessment against a lot for the reason- 11 able costs incurred in the maintenance of common areas consisting of real 12 property owned and maintained by the association, or for enforcement of a duly 13 adopted and recorded rule, regulation, covenant, condition or restriction 14 regarding the use of real property owned by a homeowner, the association, upon 15 complying with subsection (2) of this section, shall have a lien upon the 16 individual lot or other real property subject to the rules of the homeowner's 17 association for such unpaid assessments or special assessments accrued in the 18 previous twelve (12) months. 19 (2) (a) An association claiming a lien under subsection (1) of this sec- 20 tion shall, upon thirty (30) days' written notice actually received by the 21 owner or reputed owner, file in the county in which the lot or some part 22 thereof is located a claim containing: 23 (i) A true statement of the amount due for the unpaid assessments 24 or special assessments after deducting all just credits and offsets; 25 (ii) The name of the owner, or reputed owner, if known; 26 (iii) The name of the association; and 27 (iv) A description, sufficient for identification, of the property 28 to be charged with the lien. 29 (b) A special assessment may be levied upon the lot or other real prop- 30 erty subject to the rules of the homeowner's association for the purpose 31 of enforcement of a homeowner's association rule, regulation, covenant, 32 condition or restriction regarding the use of the real property, provided 33 however, that such rule, regulation, covenant, condition or restriction 34 has been: 35 (i) Duly adopted and recorded upon the record of the real property 36 such that the owner of the real property took possession of the real 37 property with notice of the rule, regulation, covenant, condition or 38 restriction, or subsequent to ownership of the real property the 39 owner duly consented or lacked objection to the rule, regulation, 40 covenant, condition or restriction; and 41 (ii) Uniformly enforced upon all parcels of real property affected 42 by such rule, regulation, covenant, condition or restriction. 43 (c) Special assessments shall not be deemed liquidated damages and may 2 1 only be assessed in a manner reasonably proportionate to the enforcement 2 necessary to establish compliance as reasonably determined by the associa- 3 tion. 4 (d) When a claim has been filed and recorded pursuant to this section and 5 the owner of the lot subject to the claim thereafter fails to pay any 6 assessment or special assessment chargeable to such lot, then so long as 7 the original or any subsequent unpaid assessment or special assessment 8 remains unpaid, such claim shall automatically accumulate the subsequent 9 unpaid assessments or special assessments without the necessity of further 10 filings under this section. 11 ( ce) The claim shall be verified by the oath of an individual having 12 knowledge of the facts and shall be recorded by the county recorder. The 13 record shall be indexed as other liens are required by law to be indexed. 14 ( df) Within twenty-four (24) hours after recording a lien on the prop- 15 erty, the association shall serve, by personal delivery to the owner or 16 reputed owner or by certified mail to the last known address of the owner 17 or reputed owner, a true and correct copy of the recorded lien. 18 (3) The lien may be continued in force for a period of time not to exceed 19 one (1) year from the date the claim is filed and recorded under subsection 20 (2) of this section; provided however, that such period may be extended by the 21 homeowner's association for not to exceed one (1) additional year by recording 22 a written extension thereof. For the purpose of determining the date the claim 23 is filed in those cases when subsequent unpaid assessments or special assess- 24 ments have accumulated under the claim as provided in subsection (2) of this 25 section, the claim regarding each unpaid assessment or special assessment 26 shall be deemed to have been filed at the time such unpaid assessment or spe- 27 cial assessment became due. The lien may be enforced by the board of directors 28 acting on behalf of the association. 29 (4) This section does not prohibit a homeowner's association from pursu- 30 ing an action to recover sums for which subsection (1) of this section creates 31 a lien or from taking a deed in lieu of foreclosure in satisfaction of the 32 lien. 33 (5) An action to recover a money judgment for unpaid assessments or spe- 34 cial assessments may be maintained without foreclosing or waiving the lien 35 securing the claim for unpaid assessments or special assessments. However, 36 recovery on the action operates to satisfy the lien, or the portion thereof, 37 for which recovery is made. 38 (6) As used in this section, "homeowner's association" means any incorpo- 39 rated or unincorporated association: 40 (a) In which membership is based upon owning or possessing an interest in 41 real property; and 42 (b) That has the authority, pursuant to recorded covenants, bylaws or 43 other governing instruments, to assess and record liens against the real 44 property of its members. 45 (7) In order to file a lien as provided in this section, a homeowner's 46 association that is an unincorporated association must be governed by bylaws 47 which provide for at least the following: 48 (a) A requirement that the homeowner's association hold at least one (1) 49 meeting each calendar year; 50 (b) A requirement that notice of any meeting of the homeowner's associa- 51 tion be published and distributed to all members of the homeowner's asso- 52 ciation; 53 (c) A requirement that the minutes of all homeowner's association meet- 54 ings be recorded; 55 (d) A method of adopting and amending fees; and 3 1 (e) A provision providing that no fees or assessments of the homeowner's 2 association may be increased unless a majority of all members of the 3 homeowner's association vote in favor of such increase.
STATEMENT OF PURPOSE RS 14646 This bill amends Idaho Code to provide for special assessments against real property for the enforcement of a validly created and recorded rule, regulation, covenant, condition, or restriction of a homeowner's association. FISCAL NOTE None. Contact Name: Rep. Jaquet Rep. Snodgrass Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 137