TITLE 55

PROPERTY IN GENERAL

CHAPTER 32

HOMEOWNER’S ASSOCIATION ACT

55-3203.  DEFINITIONS. As used in this chapter:

(1)  "Board" means the entity that has the duty of governing the homeowner’s association and may be referred to as a board of directors, executive board, or any other such similar name.

(2)  "Community manager" means a person or agent who provides for or otherwise engages in the management of a common interest community or the management of a homeowner’s association.

(3)  "Financial disclosure" means the accounting records of the organization that are kept, disclosed, and made available for inspection in accordance with part 11, chapter 30, title 30, Idaho Code, and the governing documents of the homeowner’s association.

(4)  "Governing documents" means a written instrument by which the homeowner’s association may exercise powers or manage, maintain, or otherwise affect the property under the jurisdiction of the homeowner’s association. Governing documents includes but is not limited to articles of incorporation, bylaws, a plat, rules of the homeowner’s association, and any declaration of covenants, conditions, and restrictions.

(5)(a)  "Homeowner’s association" means any incorporated or unincorporated association:

(i)   In which membership is based on owning or possessing an interest in real property; and

(ii)  That has the authority, pursuant to recorded covenants, bylaws, or other governing documents, to assess and record liens against the real property of its members.

(b)  "Homeowner’s association" includes the following persons who may or may not be members of a homeowner’s association or serve on the board of a homeowner’s association:

(i)   A community manager pursuant to a contract with a homeowner’s association; and

(ii)  An agent or person with explicit or apparent authority to act on behalf of a homeowner’s association.

(6)  "Member" or "membership" means any person or entity owning or possessing an interest in residential real property or a lot within the physical boundaries of an established homeowner’s association.

[(7)](6)  "Transfer fee" means a fee, charge, or assessment, as that term is described in chapter 31, title 55, Idaho Code, charged by the homeowner’s association and payable to the homeowner’s association upon the transfer of an interest in real property that is under the jurisdiction of the homeowner’s association.

History:

[55-3203, added 2022, ch. 323, sec. 4, p. 1039; am. 2024, ch. 162, sec. 1, p. 618; am. 2024, ch. 214, sec. 1, p. 759.]