TITLE 55

PROPERTY IN GENERAL

CHAPTER 32

HOMEOWNER’S ASSOCIATION ACT

55-3212.  prohibited conduct — restrictions on accessory dwelling units. (1) No homeowner’s association shall add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits accessory dwelling units, as defined in section 67-6541, Idaho Code, on any property, land, or structure thereon within the jurisdiction of a homeowner’s association, unless the owner of the affected property expressly agrees in writing to such addition or amendment of a covenant, condition, or restriction. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting or prohibiting a property owner’s right to transfer an interest in land or the structures thereon where such covenant, condition, or restriction existed and applied to the property at the time the property owner acquired an interest in the property.

(2)  Notwithstanding the prohibitions provided in subsection (1) of this section, a homeowner’s association may adopt reasonable rules governing the use of accessory dwelling units otherwise allowed by law, including but not limited to architectural design consistent with the primary dwelling, size limits, height limits, setback requirements, open space requirements, parking controls, and bedroom requirements.

(3)  Nothing in this section shall be construed to restrict a homeowner’s association from adopting a less restrictive definition of accessory dwelling units.

(4)  The provisions of this section do not apply to any rentals defined in section 63-1803(4), Idaho Code.

History:

[55-3212, added 2023, ch. 265, sec. 1, p. 792; am. 2026, ch. 265, sec. 1, p. 1117.]