TITLE 55

PROPERTY IN GENERAL

CHAPTER 32

HOMEOWNER’S ASSOCIATION ACT

55-3204.  administration of an incorporated or unincorporated homeowner’s association. (1) Board meetings must be open to the members of the homeowner’s association and any representative or agent designated in a signed writing by a member to represent the member.

(2)  An executive session at which members of the homeowner’s association are excluded may be held upon a majority vote of the board for the following purposes:

(a)  To consider matters of personnel, hiring, bid review, or contract negotiation;

(b)  To consider records that are not subject to disclosure under part 11, chapter 30, title 30, Idaho Code;

(c)  To consult with an attorney for the purpose of obtaining legal advice. The mere presence of legal counsel at a board meeting shall not justify entering into executive session;

(d)  To discuss ongoing or potential litigation, mediation, arbitration, or administrative proceedings; or

(e)  To discuss sensitive matters related to an individual member’s property or assessments, such as violations or delinquent assessments.

(3)  All homeowner’s associations, whether incorporated or unincorporated, shall:

(a)  Hold a meeting of the membership each calendar year. Such meeting may be conducted in person or, with the approval of a simple majority of the members, be conducted through an electronic or hybrid meeting model;

(b)  Be governed by the provisions of sections 30-30-501 and 30-30-505, Idaho Code, as those provisions relate to notice of meetings of the homeowner’s association. The board may adopt a process for members to choose to receive notice of any meeting of the homeowner’s association by electronic means rather than by mail. All dates and information of the notice must remain the same as a mail notice;

(c)  Take minutes from all meetings of the homeowner’s association, including membership meetings and board meetings, and preserve such minutes for a minimum of ten (10) years; and

(d)  Determine and establish the amount of assessments in accordance with the governing documents or, in the event the governing documents do not include such language, with the approval of a majority of the members of the homeowner’s association.

(4)  A board of a homeowner’s association may not use its power to adopt rules governing the common property to expand the provisions of the restrictive covenants as they relate to a member’s property.

(5)  All homeowner’s associations, whether incorporated or unincorporated, shall be governed by sections 30-30-502 and 30-30-608, Idaho Code, as those sections relate to the removal of a board member and the process of calling a special meeting for such removal.

(6)  Unincorporated homeowner’s associations shall be governed by bylaws that provide for at least the following:

(a)  A requirement that the homeowner’s association holds at least one (1) meeting each calendar year;

(b)  A requirement that notice of any meeting of the homeowner’s association be published and distributed to all members of the homeowner’s association;

(c)  A requirement that the minutes of all homeowner’s association meetings be taken and preserved;

(d)  A method of adopting and amending fees; and

(e)  A provision that no fees or assessments of the homeowner’s association may be increased unless a majority of all members of the homeowner’s association vote in favor of the increase.

(7)  If a homeowner’s association violates any of the provisions of this chapter and a member prevails in a legal action to protect his rights, the member shall be entitled to an award of reasonable attorney’s fees.

History:

[55-3204, added 2022, ch. 323, sec. 4, p. 1040.]