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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