In the second legislative session of 2022, Idaho saw a major change in its homeowner's association laws. Law 55-115 was repealed and replaced with law 55-3211. While the verbiage of the new law is slightly different from that of the old one, there wasn't much of a change in terms of what it does.
Repealed Idaho Law 55-115 (3)
(3) No homeowner's association may add, amend or enforce any covenant, condition or restriction in such a way that limits or prohibits the rental, for any amount of time, of any property, land or structure thereon within the jurisdiction of the homeowner's association, unless expressly agreed to in writing at the time of such addition or amendment by the owner of the affected property. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions or restrictions limiting a property owner's right to transfer his interest in land or the structures thereon as long as that covenant, condition or restriction applied to the property at the time the homeowner acquired his interest in the property.
New Idaho Law 55-3204
PROHIBITED CONDUCT — RENTAL RESTRICTIONS. No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits the rental, for any amount of time, of any property, land, or structure thereon within the jurisdiction of the homeowner’s association, unless expressly agreed to in writing at the time of such addition or amendment by the owner of the affected property. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting a property owner’s right to transfer his interest in land or the structures thereon as long as that covenant, condition, or restriction applied to the property at the time the homeowner acquired his interest in the property.
It's important to note that this article is not legal advice and should not be taken as such. If you have any questions or concerns about your rights under Idaho's Homeowner's Association Act, it's best to consult with a qualified attorney in your area who can provide you with more detailed information about your specific situation.
Overall, while there weren't many changes made to Idaho's Homeowner's Association Act when law 55-115 was repealed and replaced with law 55-3211 during the second legislative session of 2022, it is still important for homeowners to stay up-to-date on their state laws so they can ensure their rights are being protected.
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