Idaho Code § 55-3204 — Idaho Code / Title 55 / Chapter 32 / Section 55-3204
55-3204 ADMINISTRATION OF AN INCORPORATED OR UNINCORPORATED HOMEOWNER'S ASSOCIATION.
Status: in_force

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, 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) At an annual meeting of the homeowner's association, board members shall declare any conflict of interest or familial relationship that exists with respect to such board member and any person or entity who has previously entered into or seeks to enter into a service contract with the homeowner's association.

(5) 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.

(6) 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.

(7) 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.

(8) 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; am. 2024, ch. 214, sec. 2, p. 760.]
Idaho Code § 55-2206 — Idaho Code / Title 55 / Chapter 22 / Section 55-2206
55-2206 ONE-NUMBER NOTIFICATION SERVICE — ESTABLISHMENT — PARTICIPATION REQUIRED — FUNDING.
Status: in_force

55-2206. One-number notification service — Establishment — Participation required — Funding. Two (2) or more persons who own or operate underground facilities in a county may voluntarily establish or contract with a third person to provide a one-number notification service to maintain information concerning underground facilities within a county. Upon the establishment of the first such one-number notification service, all underground facility owners with underground facilities within said county shall participate and cooperate with the service, and no duplicative service shall be established pursuant to this chapter. The activities of the one-number notification service shall be funded by all of the underground facility owners required by the provisions of this section to participate in and cooperate with the service. Each underground facility owner required to participate in a one-number notification service is subject to the jurisdiction of the damage prevention board established in section 55-2203, Idaho Code, and shall maintain accurate contact information, updated at least annually, with the one-number notification service for individuals responsible for the operation of the underground facilities of the underground facility owner, including contact information for individuals responsible for responding to an emergency.

History:

[(55-2206) 55-2204, added 1990, ch. 351, sec. 1, p. 942; am. and redesig. 2016, ch. 325, sec. 6, p. 900; am. 2019, ch. 256, sec. 3, p. 766; am. 2023, ch. 191, sec. 3, p. 526.]
Idaho Code § 55-501 — Idaho Code / Title 55 / Chapter 5 / Section 55-501
55-501 TRANSFER OF POSSIBILITIES.
Status: in_force

55-501. Transfer of possibilities. A mere possibility not coupled with an interest cannot be transferred.

History:

[(55-501) R.S., sec. 2900; reen. R.C. & C.L., sec. 3097; C.S., sec. 5365; I.C.A., sec. 54-501.]
Idaho Code § 55-508 — Idaho Code / Title 55 / Chapter 5 / Section 55-508
55-508 COINTERESTS DEEMED TO BE IN COMMON.
Status: in_force

55-508. Cointerests deemed to be in common. Every interest in real estate granted or devised to two (2) or more persons, other than executors or trustees, as such constitutes a tenancy in common, unless expressly declared in the grant or devise to be otherwise.

History:

[(55-508) 1863, p. 528, sec. 42; R.S., sec. 2907; reen. R.C. & C.L., sec. 3104; C.S., sec. 5372; I.C.A., sec. 54-508.]
Idaho Code § 55-1003 — Idaho Code / Title 55 / Chapter 10 / Section 55-1003
55-1003 HOMESTEAD EXEMPTION LIMITED.
Status: in_force

55-1003. Homestead exemption limited. A homestead may consist of lands, as described in section 55-1001, Idaho Code, regardless of area, but the homestead exemption amount shall not exceed the sum of one hundred seventy-five thousand dollars ($175,000).

History:

[55-1003, added 1989, ch. 371, sec. 2, p. 934; am. 1992, ch. 14, sec. 1, p. 38; am. 2006, ch. 262, sec. 1, p. 814; am. 2020, ch. 232, sec. 2, p. 685.]
Idaho Code § 55-1601 — Idaho Code / Title 55 / Chapter 16 / Section 55-1601
55-1601 SHORT TITLE.
Status: in_force

55-1601. Short title. This chapter may be cited as the "Corner Perpetuation and Filing Law."

History:

[55-1601, added 1967, ch. 215, sec. 1, p. 647; am. 1993, ch. 206, sec. 1, p. 564.]
Idaho Code § 55-916 — Idaho Code / Title 55 / Chapter 9 / Section 55-916
55-916 REMEDIES OF CREDITOR.
Status: in_force

55-916. Remedies of creditor. (1) In an action for relief against a transfer or obligation under this act, a creditor, subject to the limitations in section 55-917, Idaho Code, may obtain:

(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(b) An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and

(c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

1. an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

2. appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

3. any other relief the circumstances may require.

(2) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.

History:

[55-916, added 1987, ch. 202, sec. 2, p. 427; am. 2015, ch. 342, sec. 6, p. 1293.]
Idaho Code § 55-2011 — Idaho Code / Title 55 / Chapter 20 / Section 55-2011
55-2011 RENEWALS.
Status: in_force

55-2011. Renewals. Rental agreements shall be automatically renewed for the original term, except as provided in section 55-2010, Idaho Code.

History:

[55-2011, added 1980, ch. 177, sec. 1, p. 378.]
Idaho Code § 55-305 — Idaho Code / Title 55 / Chapter 3 / Section 55-305
55-305 LIMITATION ON FEES FOR TENANTS OF A RENTAL PROPERTY.
Status: in_force

55-305. limitation on fees for tenants of a rental property. (1) Any fees imposed on a residential tenant, including fees for the late payment of rent, shall be reasonable.

(2) An owner may not charge to the tenant of a rental property a fee, fine, assessment, interest, or other cost:

(a) In an amount greater than that agreed upon in the rental agreement; or

(b) That is not included in the rental agreement, unless:

(i) The rental agreement is an oral agreement; or

(ii) The rental agreement is written, and the owner provides the tenant a written thirty (30) day notice of the change in the fee, fine, assessment, interest, or other cost.

(3) The provisions of this section shall apply to rental agreements entered into or renewed on or after July 1, 2023.

(4) Nothing in this section shall be construed to limit the amount that can be charged for rent.

History:

[(55-305) 55-314, added 2023, ch. 67, sec. 1, p. 228; am. and redesig. 2025, ch. 65, sec. 14, p. 315.]
Idaho Code § 55-1010 — Idaho Code / Title 55 / Chapter 10 / Section 55-1010
55-1010 LIABILITY FOR DEBTS OF OWNER.
Status: in_force

55-1010. Liability for debts of owner. The homestead shall not be held liable for the debts of the owner, except as provided in this title or in section 56-218, Idaho Code.

History:

[55-1010, added 2004, ch. 131, sec. 2, p. 450.]
Idaho Code § 55-3201 — Idaho Code / Title 55 / Chapter 32 / Section 55-3201
55-3201 SHORT TITLE.
Status: in_force

55-3201. SHORT TITLE. This chapter shall be known and may be cited as the "Homeowner's Association Act."

History:

[55-3201, added 2022, ch. 323, sec. 4, p. 1039.]
Idaho Code § 55-2105 — Idaho Code / Title 55 / Chapter 21 / Section 55-2105
55-2105 APPLICABILITY OF THIS CHAPTER.
Status: in_force

55-2105. Applicability of this chapter. (1) This chapter applies to any interest created after its effective date which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. The instrument creating the conservation easement shall state it was created under the provisions of this chapter.

(2) This chapter applies to any interest created before its effective date if it would have been enforceable had it been created after its effective date unless retroactive application contravenes the constitution or laws of this state or the United States.

This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.

History:

[55-2105, added 1988, ch. 222, sec. 1, p. 423.]
Idaho Code § 55-2509 — Idaho Code / Title 55 / Chapter 25 / Section 55-2509
55-2509 DELIVERY OF DISCLOSURE FORM AND ACCEPTANCE.
Status: in_force

55-2509. Delivery of disclosure form and acceptance. Every transferor shall deliver, in accordance with section 55-2510, Idaho Code, a signed and dated copy of the completed disclosure form to each prospective transferee or his agent within ten (10) days of transferor's acceptance of transferee's offer. Every prospective transferee of residential real property who receives a signed and dated copy of a completed property disclosure form as prescribed under section 55-2508, Idaho Code, shall acknowledge receipt of the form by doing both of the following:

(1) Signing and dating a copy of the form;

(2) Delivering a signed and dated copy of the form to the transferor or his agent or subagent.

History:

[55-2509, added 1994, ch. 366, sec. 1, p. 1176.]
Idaho Code § 55-2505 — Idaho Code / Title 55 / Chapter 25 / Section 55-2505
55-2505 EXEMPTIONS.
Status: in_force

55-2505. Exemptions. The provisions of this chapter do not apply to any transfer of residential real property that is any of the following:

(1) A transfer pursuant to court order including, but not limited to, a transfer ordered by a probate court during the administration of a decedent's estate, a transfer pursuant to a writ of execution, a transfer by a trustee in bankruptcy, a transfer as a result of the exercise of the power of eminent domain, and a transfer that results from a decree for specific performance of a contract or other agreement between persons;

(2) A transfer to a mortgagee by a mortgagor by deed in lieu of foreclosure or in satisfaction of the mortgage debt;

(3) A transfer to a beneficiary of a deed of trust by a trustor in default;

(4) A transfer by a foreclosure sale that follows a default in the satisfaction of an obligation secured by a mortgage;

(5) A transfer by a sale under a power of sale following a default in the satisfaction of an obligation that is secured by a deed of trust or another instrument containing a power of sale occurring within one (1) year of foreclosure on the default;

(6) A transfer by a mortgagee, or a beneficiary under a deed of trust, who has acquired the residential real property at a sale conducted pursuant to a power of sale under a mortgage or a deed of trust or who has acquired the residential real property by a deed in lieu of foreclosure;

(7) A transfer by a fiduciary in the course of the administration of a decedent's estate, a guardianship, a conservatorship, or a trust;

(8) A transfer from one (1) co-owner to one (1) or more other co-owners;

(9) A transfer made to the transferor's spouse or to one (1) or more persons in the lineal line of consanguinity of one (1) or more of the transferors;

(10) A transfer between spouses or former spouses as a result of a decree of divorce, dissolution of marriage, annulment, or legal separation or as a result of a property settlement agreement incidental to a decree of divorce, dissolution of marriage, annulment, or legal separation;

(11) A transfer to or from the state, a political subdivision of the state, or another governmental entity;

(12) A transfer that involved newly constructed residential real property that previously has not been inhabited, except that disclosure of annexation and city service status shall be declared by the sellers of such newly constructed residential real property in accordance with the provisions of section 55-2508, Idaho Code;

(13) A transfer to a transferee who has occupied the property as a personal residence for one (1) or more years immediately prior to the transfer;

(14) A transfer from a transferor who both has not occupied the property as a personal residence within one (1) year immediately prior to the transfer and has acquired the property through inheritance or devise;

(15) A transfer by a relocation company to a transferee within one (1) year from the date that the previous owner occupied the property;

(16) A transfer from a decedent's estate.

History:

[55-2505, added 1994, ch. 366, sec. 1, p. 1174; am. 1997, ch. 229, sec. 3, p. 669; am. 2002, ch. 333, sec. 4, p. 944.]
Idaho Code § 55-1518 — Idaho Code / Title 55 / Chapter 15 / Section 55-1518
55-1518 ASSESSMENT AND OTHER CHARGES A LIEN — NOTICE RECORDED — PAYMENT AND RELEASE — PRIORITY OF LIENS — EXPIRATION — EXTENSION — ENFORCEMENT BY SALE — PURCHASE BY MANAGEMENT BODY.
Status: in_force

55-1518. Assessment and other charges a lien — Notice recorded — Payment and release — Priority of liens — Expiration — Extension — Enforcement by sale — Purchase by management body. An assessment upon any condominium made in accordance with the declaration, any recorded by-laws, or any duly promulgated project regulation, shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment, together with those other charges thereon, such as interest, costs (including attorney's fees), and penalties, which may be provided for in the declaration, shall be and become a lien upon the condominium assessed when the management body causes to be recorded with the county recorder of the county in which such condominium is located a notice of assessment, which shall state the amount of such assessment and such other charges thereon as may be authorized by the declaration, a description of the condominium against which the same has been assessed, and the name of the record owner thereof. Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration. Upon payment of said assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the management body shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.

Such lien shall be prior to all other liens filed or recorded subsequent to the recordation of said notice of assessment except that the declaration may provide for the subordination thereof to other liens either generally or specifically described and except further that labor or materialmen's liens arising under the law of Idaho and timely and duly filed shall have priority if the date fixed by statute for such lien to arise is prior to recording as provided in this section. Unless sooner satisfied and released or the enforcement thereof initiated as hereafter provided such lien shall expire and be of no further force or effect one (1) year from the date of recordation of said notice of assessment; provided, however, that said one-year period may be extended by the management body for not to exceed one (1) additional year by recording a written extension thereof.

Such lien may be enforced by sale by the management body, its attorney or other person authorized to make the sale, after failure of the owner to pay such an assessment in accordance with its terms, such sale to be conducted in the manner permitted by law for the exercise of powers of sale in deeds of trust or any other manner permitted by law. Unless otherwise provided in the declaration the management body shall have the power to purchase the condominium at foreclosure sale and to hold, lease, encumber and convey the same.

History:

[55-1518, added 1965, ch. 225, sec. 18, p. 515.]
Idaho Code § 55-1105 — Idaho Code / Title 55 / Chapter 11 / Section 55-1105
55-1105 APPOINTMENT OF APPRAISERS.
Status: in_force

55-1105. Appointment of appraisers. At the hearing the judge may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint three (3) disinterested residents of the county to appraise the value of the homestead.

History:

[(55-1105) 1863, p. 575, sec. 3; R.S., sec. 3047; reen. R.C. & C.L., sec. 3185; C.S., sec. 5449; I.C.A., sec. 54-1105.]
Idaho Code § 55-2304 — Idaho Code / Title 55 / Chapter 23 / Section 55-2304
55-2304 RENTAL AGREEMENT.
Status: in_force

55-2304. Rental agreement. (1) From and after July 1, 1990, any operator offering storage spaces in a self-service storage facility for rent shall provide a written rental agreement, which shall be executed by the operator and the lessee. The operator of a self-service storage facility shall provide a lessee with a copy of the rental agreement at the time of the rental by delivery at that time or as provided for in the rental agreement. If the lessee does not sign a rental agreement that the operator has delivered to the lessee, the lessee's continued use of the storage space for not less than fourteen (14) days shall constitute an acceptance of the rental agreement with the same effect as if it had been signed by the lessee.

(2) The rental agreement shall contain a conspicuous statement advising the lessee:

(a) Of the existence of the operator's lien;

(b) That the property in the leased space may be sold to satisfy the lien if the lessee is in default;

(c) That the personal property stored in a leased space will not be insured unless the lessee obtains insurance on his property;

(d) Of the amount of any late fee and the conditions for imposing the fee; and

(e) That all notices and correspondence may be sent as provided for in the rental agreement.

(3) In the absence of a notice provision in the rental agreement, notices to the lessee pursuant to section 55-2306, Idaho Code, shall be sent by certified mail. The absence of a notice provision in the rental agreement does not affect the validity of the rental agreement or the operator's lien.

(4) The rental agreement shall contain a provision requiring the lessee to disclose any lienholders or secured parties who have an interest in property that is stored in the leased space.

(5) If the rental agreement specifies a limit on the value of personal property that the lessee may store in the leased space, the limit must be deemed to be the maximum value of the personal property in the leased space and the maximum liability on the part of the operator to the lessee for any loss of or damage to the personal property. Nothing in this section shall be deemed to create any liability on the part of the operator to the lessee for any loss of or damage to the lessee's personal property, regardless of cause.

(6) All notices sent as provided for in the rental agreement or by certified mail shall be constructive and conclusive notice under the rental agreement and this chapter.

(7) A reasonable late fee may be imposed and collected by an operator for each period that a lessee does not pay rent, fees, or other charges when due under the rental agreement, if the amount of the late fee and the conditions for imposing the fee are stated in the rental agreement. A late fee of twenty dollars ($20.00) or twenty percent (20%) of the monthly rent, whichever is greater, is a reasonable fee and will not be considered a penalty.

(8) Nothing in this chapter shall be construed in any manner as impairing or affecting the right of parties to create additional rights, duties, and obligations in and by virtue of a rental agreement. In addition to the rights and remedies set forth in this chapter, the operator has the same rights and remedies available to a creditor or landlord under Idaho law.

History:

[55-2304, added 1990, ch. 381, sec. 1, p. 1056; am. 2020, ch. 144, sec. 2, p. 444; am. 2024, ch. 244, sec. 2, p. 867.]
Idaho Code § 55-3103 — Idaho Code / Title 55 / Chapter 31 / Section 55-3103
55-3103 REAL ESTATE TRANSFER FEES UNLAWFUL.
Status: in_force

55-3103. real estate transfer fees unlawful. (1) A transfer fee covenant recorded after the effective date of this section, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding upon or enforceable against the affected real property or any subsequent owner, purchaser or mortgagee of any interest in the property.

(2) Nothing in this section shall imply that a transfer fee covenant recorded prior to the effective date of this section is valid or enforceable.

(3) A person who records a transfer fee covenant, files a lien that purports to secure payment of a transfer fee or enters into an agreement imposing a private transfer fee obligation shall be liable for:

(a) Any and all damages resulting from the imposition of the transfer fee obligation on the transfer of an interest in the real property, including the amount of any transfer fee paid by a party to the transfer.

(b) All attorney's fees, expenses and costs incurred by a party to the transfer or mortgagee of the real property to recover the transfer fee paid or in connection with an action to quiet title.

History:

[55-3103, added 2011, ch. 107, sec. 1, p. 275.]
Idaho Code § 55-2902 — Idaho Code / Title 55 / Chapter 29 / Section 55-2902
55-2902 PURPOSE.
Status: in_force

55-2902. Purpose. The purpose of this chapter is to preserve the capability of amateur radio operators within the state of Idaho to provide radio communications in times of emergency and disaster.

History:

[55-2902, added 2001, ch. 316, sec. 1, p. 1126.]
Idaho Code § 55-1613 — Idaho Code / Title 55 / Chapter 16 / Section 55-1613
55-1613 MONUMENTS DISTURBED BY CONSTRUCTION ACTIVITIES — PROCEDURE — REQUIREMENTS.
Status: in_force

55-1613. Monuments disturbed by construction activities — Procedure — Requirements. The physical existence and location of the monuments of property controlling corners and accessories to corners, as well as benchmarks established and points set in control surveys by agencies of the United States government or the state of Idaho, shall be determined by a field search and location survey conducted by or under the direction of a professional land surveyor prior to the time when project construction or related activities may disturb them. Construction documents or plans prepared by professional engineers shall show the existence and location of all such monuments, accessories to corners, benchmarks and points set in control surveys. All monuments, accessories to corners, benchmarks and points set in control surveys that are lost or disturbed by construction shall be reestablished and remonumented, at the expense of the agency or person causing their loss or disturbance, at their original location or by the setting of a witness corner or reference point or a replacement benchmark or control point, by or under the direction of a professional land surveyor. Professional engineers who prepare construction documents or plans that do not indicate the existence and location of all such monuments, accessories to corners and benchmarks and points set in control surveys by agencies of the United States government or the state of Idaho shall be deemed to be within the purview of and subject to disciplinary action pursuant to section 67-2616, Idaho Code.

History:

[55-1613, added 1978, ch. 107, sec. 3, p. 224; am. 1993, ch. 206, sec. 12, p. 567; am. 1997, ch. 190, sec. 16, p. 528; am. 2008, ch. 378, sec. 30, p. 1047; am. 2011, ch. 136, sec. 16, p. 393; am. 2026, ch. 221, sec. 101, p. 979.]
Idaho Code § 55-1002 — Idaho Code / Title 55 / Chapter 10 / Section 55-1002
55-1002 FROM WHAT PROPERTY SELECTED.
Status: in_force

55-1002. From what property selected. If the owner is married, the homestead may consist of the community or jointly owned property of the spouses or the separate property of either spouse. Each spouse may separately claim a homestead exemption in the amount specified in section 55-1003, Idaho Code. When the owner is not married, the homestead may consist of any of his or her property.

History:

[55-1002, added 1989, ch. 371, sec. 2, p. 934; am. 2025, ch. 235, sec. 1, p. 1069.]
Idaho Code § 55-310 — Idaho Code / Title 55 / Chapter 3 / Section 55-310
55-310 MONUMENTS AND FENCES.
Status: in_force

55-310. Monuments and fences. Coterminous owners are mutually bound equally to maintain:

1. The boundaries and monuments between them.

2. The fences between them, unless one of them chooses to let his land lie without fencing, in which case, if he afterward incloses it, he must refund to the other the just proportion of the value, at that time, of any division fence made by the latter.

History:

[(55-310) 55-312, R.S., sec. 2886; reen. R.C. & C.L., sec. 3094; C.S., sec. 5362; I.C.A., sec. 54-312; am. and redesig. 2025, ch. 65, sec. 12, p. 314.]
Idaho Code § 55-1607 — Idaho Code / Title 55 / Chapter 16 / Section 55-1607
55-1607 COUNTY CLERK TO KEEP RECORD — FEES.
Status: in_force

55-1607. County clerk to keep record — Fees. (a) The county clerk and recorder of the county containing the corner shall receive the completed corner record and preserve it in the same manner as any other recorded instruments. Proper indexes shall be kept of such corner records by section, township and range.

(b) The county clerk and recorder shall make these records available for public inspection during all usual office hours.

(c) For purposes of determining the filing fee hereunder, the corner record shall be considered as a similar service to the filing or recording of instruments as provided in section 31-3205, Idaho Code.

History:

[55-1607, added 1967, ch. 215, sec. 7, p. 647; am. 1972, ch. 162, sec. 4, p. 363; am. 1993, ch. 206, sec. 6, p. 566; am. 1997, ch. 190, sec. 14, p. 527; am. 2020, ch. 127, sec. 13, p. 404.]
Idaho Code § 55-2717 — Idaho Code / Title 55 / Chapter 27 / Section 55-2717
55-2717 ARBITRATION.
Status: in_force

55-2717. Arbitration. The landlord and tenant may agree in writing to submit a controversy under the provisions of this chapter to arbitration through the better business bureau, or similar private association or as otherwise provided in Idaho law.

History:

[55-2717, added 1998, ch. 194, sec. 1, p. 705.]
Idaho Code § 55-2002 — Idaho Code / Title 55 / Chapter 20 / Section 55-2002
55-2002 GOOD FAITH.
Status: in_force

55-2002. Good faith. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

History:

[55-2002, added 1980, ch. 177, sec. 1, p. 375.]
Idaho Code § 55-919 — Idaho Code / Title 55 / Chapter 9 / Section 55-919
55-919 GOVERNING LAW.
Status: in_force

55-919. governing law. (1) In this section, the following rules shall determine a debtor's location:

(a) A debtor who is an individual is located at the individual's principal residence;

(b) A debtor that is an organization and has only one (1) place of business is located at its place of business; and

(c) A debtor that is an organization and has more than one (1) place of business is located at its chief executive office.

(2) A claim in the nature of a claim under this act is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.

History:

[55-919, added 2015, ch. 342, sec. 9, p. 1295.]
Idaho Code § 55-202 — Idaho Code / Title 55 / Chapter 2 / Section 55-202
55-202 SUCCESSIVE REMAINDERS IN FEE.
Status: in_force

55-202. Successive remainders in fee. A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one (21) years, or upon any other contingency by which the estate of such persons may be determined before they attain majority.

History:

[(55-202) R.S., sec. 2851; reen. R.C. & C.L., sec. 3072; C.S., sec. 5340; I.C.A., sec. 54-202.]
Idaho Code § 55-909 — Idaho Code / Title 55 / Chapter 9 / Section 55-909
55-909 TITLE OF PURCHASER NOT IMPAIRED.
Status: in_force

55-909. Title of purchaser not impaired. The provisions of this chapter do not in any manner affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.

History:

[(55-909) 1863, p. 540, sec. 21; R.S., sec. 3023; reen. R.C. & C.L., sec. 3172; C.S., sec. 5436; I.C.A., sec. 54-909.]
Idaho Code § 55-3015 — Idaho Code / Title 55 / Chapter 30 / Section 55-3015
55-3015 SEVERABILITY.
Status: in_force

55-3015. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[55-3015, added 2006, ch. 15, sec. 1, p. 41.]
Idaho Code § 55-1808 — Idaho Code / Title 55 / Chapter 18 / Section 55-1808
55-1808 EXAMINATION BY COMMISSION OF APPLICATION FOR REGISTRATION.
Status: in_force

55-1808. examination by commission of application for registration. Upon receipt of an application for registration in proper form, the commission shall forthwith initiate an examination of the application for registration to determine that:

(1) The requirements of section 55-1806, Idaho Code, have been satisfied, the subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer and, when appropriate, that release clauses, conveyances in trust, escrow and impoundage provisions and other safeguards have been provided;

(2) There is reasonable assurance that all proposed improvements will be completed as represented;

(3) There is no evidence which would reasonably lead the commission to believe that the subdivider, or if a corporation, partnership or other legal entity, its individual officers, directors, general partners, members, managers or other such principals are contemplating a fraudulent or misleading sales promotion; and

(4) The public offering statement requirements of this chapter have been satisfied.

History:

[55-1808, added 1972, ch. 276, sec. 8, p. 667; am. 2010, ch. 214, sec. 9, p. 473.]
Idaho Code § 55-211 — Idaho Code / Title 55 / Chapter 2 / Section 55-211
55-211 SUMMARY PROCEEDINGS — WHERE PROVIDED FOR.
Status: in_force

55-211. Summary proceedings — Where provided for. Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in the Code of Civil Procedure.

History:

[(55-211) R.S., sec. 2860; reen. R.C. & C.L., sec. 3081; C.S., sec. 5349; I.C.A., sec. 54-211.]
Idaho Code § 55-3205 — Idaho Code / Title 55 / Chapter 32 / Section 55-3205
55-3205 DISCLOSURE OF FEES AND FINANCIAL DISCLOSURES.
Status: in_force

55-3205. DISCLOSURE OF FEES and financial disclosures. (1) A homeowner's association or its agent shall provide a member and the member's agent, if any, a statement of the member's assessment account no more than five (5) business days after a written request by the member or the member's agent is received by the manager, president, board member, or other agent of the homeowner's association, or any combination thereof. The homeowner's association will be bound by the amounts set forth within the statement of assessment account. The statement of assessment account shall include all outstanding assessments, charges, and fees, including any transfer fee, that are due and owing to the homeowner's association, including any late fees or interest that may have accrued. Additionally, the homeowner's association shall provide the amount of any transfer fee that may be charged upon a transfer of the property. No fee shall be charged by a homeowner's association or its agent for providing a statement of the member's assessment account. Charging a fee for any statement of the member's assessment account required by this section is a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

(2) A homeowner's association shall not charge a transfer fee unless the authority to do so is expressly stated in the declaration of covenants, conditions, and restrictions. The transfer fee shall be charged only by the homeowner's association, and no portion of the transfer fee may be paid to or allocated to a third party, including any board member or the homeowner's association's agent or manager. On or before January 1 of each year, a homeowner's association or its agent shall provide its members a disclosure of fees that will be charged to a member. Fees imposed by a homeowner's association for the calendar year following the disclosure of fees shall not exceed the amount set forth on the annual disclosure, and no surcharge or additional fees shall be charged to any member in connection with any transfer of ownership of his property.

(3) A homeowner's association or its agent shall provide a member and the member's agent, if any, an updated financial disclosure no more than ten (10) business days after a request by the member or the member's agent is received by the manager, president, board member, or other agent of the homeowner's association, or any combination thereof.

(4) Within sixty (60) days of the close of the fiscal year, a homeowner's association or its agent shall provide all members of the organization, and each member's agent, if any, with an updated and reconciled financial disclosure for the fiscal year.

(5) Except as otherwise provided in this section, each homeowner's association shall be subject to the records and reports requirements of the Idaho nonprofit corporation act under part 11, chapter 30, title 30, Idaho Code.

History:

[55-3205, added 2022, ch. 323, sec. 4, p. 1041; am. 2023, ch. 247, sec. 2, p. 764; am. 2024, ch. 162, sec. 2, p. 618; am. 2025, ch. 204, sec. 5, p. 928.]
Idaho Code § 55-1113 — Idaho Code / Title 55 / Chapter 11 / Section 55-1113
55-1113 EXEMPTION OF PROCEEDS OF SALE.
Status: in_force

55-1113. Exemption of proceeds of sale. The money paid to the claimant is entitled, for the period of six (6) months thereafter, to the same protection against legal process and the voluntary disposition of the husband, which the law gives to the homestead.

History:

[(55-1113) 1863, p. 575, sec. 3; R.S., sec. 3055; reen. R.C. & C.L., sec. 3193; C.S., sec. 5457; I.C.A., sec. 54-1113.]
Idaho Code § 55-303 — Idaho Code / Title 55 / Chapter 3 / Section 55-303
55-303 REMEDIES OF LESSEE AGAINST LESSOR'S ASSIGNEE.
Status: in_force

55-303. Remedies of lessee against lessor's assignee. Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against encumbrances or relating to the title or possession of the premises.

History:

[(55-303) R.S., sec. 2877; reen. R.C. & C.L., sec. 3085; C.S., sec. 5353; I.C.A., sec. 54-303.]
Idaho Code § 55-1804 — Idaho Code / Title 55 / Chapter 18 / Section 55-1804
55-1804 PROHIBITIONS ON DISPOSITIONS OF INTERESTS IN SUBDIVISIONS.
Status: in_force

55-1804. Prohibitions on dispositions of interests in subdivisions. Unless the subdivided lands or the transaction is exempt under section 55-1805, Idaho Code, it shall be unlawful for any person to make in this state:

(1) Any offer or disposition of any interest in subdivided lands located without this state prior to the time that the subdivided lands are registered in accordance with this chapter.

(2) Any offer or disposition of any interest in a time shared property located within or without this state prior to the time that the time shared property is registered in accordance with this chapter.

(3) Any disposition of any interest in subdivided lands without delivering to the purchaser an effective current public offering statement, obtaining a dated and signed receipt and affording the purchaser a reasonable opportunity to examine the statement.

An offer is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.

History:

[55-1804, added 1972, ch. 276, sec. 4, p. 667; am. 1984, ch. 61, sec. 2, p. 110; am. 2010, ch. 214, sec. 4, p. 469.]
Idaho Code § 55-1906 — Idaho Code / Title 55 / Chapter 19 / Section 55-1906
55-1906 RECORDS OF SURVEY — CONTENTS.
Status: in_force

55-1906. Records of survey — Contents. The records of survey shall, at a minimum, show:

(1) All monuments found or set or reset or replaced, or removed, describing their kind, size, location using bearings and distances, and giving other data relating thereto;

(2) Evidence of compliance with chapter 16, title 55, Idaho Code, including instrument numbers of the most current corner records related to the survey being submitted and instrument numbers of corner records of corners which are set in conjunction with the survey being submitted; basis of bearings, bearing and length of lines, graphic scale of map, and north arrow;

(3) Section, or part of section, township and range in which the survey is located and reference to surveys of record within or crossing or adjoining the survey;

(4) Certificate of survey;

(5) Ties to at least two (2) monuments from the following list:

(a) Public land survey corners;

(b) Center of section, quarter section corners, or sixteenth section corners, any of which were not monumented in an original survey of the United States, provided such corners have a corner record meeting the current requirements of chapter 16, title 55, Idaho Code; or

(c) Monuments recognized by the county surveyor.

Additionally, if required by the city or county governing bodies, the record shall provide coordinates based on the Idaho coordinate system.

Records of survey within previously platted subdivisions of record need not be tied to public land survey corner monuments; and

(6) Surveyor's narrative. The narrative must explain:

(a) The purpose of the survey and how the boundary lines and other lines were established or reestablished and the reasoning behind the decisions;

(b) Which deed records, deed elements, survey records, found survey monuments, plat records, road records, or other pertinent data were controlling when establishing or reestablishing the lines; and

(c) For surveys that contain a vertical component, the narrative shall show the benchmarks used, the vertical datum referenced, and the methodology used to achieve the elevations.

History:

[55-1906, added 1978, ch. 107, sec. 1, p. 223; am. 1997, ch. 190, sec. 19, p. 530; am. 2004, ch. 83, sec. 2, p. 312; am. 2015, ch. 48, sec. 7, p. 107; am. 2019, ch. 58, sec. 2, p. 147; am. 2022, ch. 43, sec. 9, p. 122.]
Idaho Code § 55-1822 — Idaho Code / Title 55 / Chapter 18 / Section 55-1822
55-1822 EVIDENTIARY MATTERS.
Status: in_force

55-1822. Evidentiary matters. (1) In any action, civil or criminal, where a defense is based upon any exemption provided for in this chapter, the burden of proving the existence of such exemption shall be upon the party raising such defense.

(2) In any action, civil or criminal, a certificate signed and sealed by the commission stating compliance or noncompliance with the provisions of this chapter shall be admissible in any such action.

History:

[55-1822, added 1972, ch. 276, sec. 22, p. 667; am. 2010, ch. 214, sec. 23, p. 481.]
Idaho Code § 55-2503 — Idaho Code / Title 55 / Chapter 25 / Section 55-2503
55-2503 DEFINITIONS.
Status: in_force

55-2503. Definitions. As used in this chapter:

(1) "Political subdivision" has the same meaning as provided in section 7-1303, Idaho Code.

(2) "Residential real property" means real property that is improved by a building or other structure that has one (1) to four (4) dwelling units or an individually owned unit in a structure of any size. This also applies to real property which has a combined residential and commercial use.

(3) "Seller" means the owner of residential real property as defined in this chapter.

History:

[55-2503, added 1994, ch. 366, sec. 1, p. 1173; am. 1997, ch. 229, sec. 1, p. 668.]
Idaho Code § 55-301 — Idaho Code / Title 55 / Chapter 3 / Section 55-301
55-301 RIGHTS OF GRANTEES AGAINST GRANTOR'S TENANTS.
Status: in_force

55-301. Rights of grantees against grantor's tenants. A person to whom any real property is transferred or devised, upon which rent has been reserved or to whom such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had.

History:

[(55-301) R.S., sec. 2875; reen. R.C. & C.L., sec. 3083; C.S., sec. 5351; I.C.A., sec. 54-301.]
Idaho Code § 55-1402 — Idaho Code / Title 55 / Chapter 14 / Section 55-1402
55-1402 SALE OF UNCLAIMED PROPERTY.
Status: in_force

55-1402. Sale of unclaimed property. If no person calls for the property within four (4) months from the receipt thereof and pays freight and charges thereon, the carrier, commission merchant, innkeeper or warehouseman may sell such property, or so much thereof as will pay freight and charges, at auction to the highest bidder, first having given twenty (20) days' notice of the time and place of sale, to the owner, consignee or consignor, when known, and by advertisement in a daily paper ten (10) days (or if in a weekly paper, four (4) weeks), published where such sale is to take place; and if any surplus is left, after paying freight, storage, cost of advertising and other reasonable charges, the same must be paid over to the owner of such property at any time thereafter, upon demand being made therefor within sixty (60) days after the sale.

History:

[(55-1402) R.S., sec. 1161; compiled and reen. R.C. & C.L., sec. 1547; C.S., sec. 2583; I.C.A., sec. 54-1402.]
Idaho Code § 55-1811 — Idaho Code / Title 55 / Chapter 18 / Section 55-1811
55-1811 GENERAL POWERS AND DUTIES.
Status: in_force

55-1811. General powers and duties. (1) The commission shall have the authority to promulgate, to amend and to repeal reasonable rules for the administration and enforcement of this chapter. Such rules may include provisions for advertising standards to assure full and fair disclosure; provisions for bond, escrow or trust agreements or other means to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land for which they contracted; provisions for operating procedures; and such other rules as are necessary or proper to accomplish the purposes of this chapter.

(2) The commission may revoke a registration ordered under the provisions of this chapter, issue a cease and desist order and assess costs and attorney's fees for the cost of any investigation and administrative or other proceedings against any person who is found to have violated any section of this chapter, the commission's administrative rules or any order of the commission. If any amounts assessed against a subdivider by final order of the commission become otherwise uncollectible or payment is in default, and only if all of the defendant's rights to appeal have passed, the commission may then proceed to district court and seek to enforce collection through judgment and execution, including an action against any bond filed or escrow or trust funds deposited pursuant to section 55-1806, Idaho Code.

(3) The commission may intervene in a suit involving subdivided lands. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the commission notice of the suit and copies of all pleadings.

(4) The commission may:

(a) Accept registrations filed in other states or with the federal government;

(b) Contract with the association of real estate license law officials to use its web-based file management system to accept registrations and related filings and to reduce the registration fees for applicants who use the web-based system to file registration documents;

(c) Contract with similar agencies in this state or other jurisdictions to perform investigative functions.

(5) The commission shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules and common administrative practices.

History:

[55-1811, added 1972, ch. 276, sec. 11, p. 667; am. 2010, ch. 214, sec. 12, p. 476; am. 2026, ch. 221, sec. 29, p. 955.]
Idaho Code § 55-2108 — Idaho Code / Title 55 / Chapter 21 / Section 55-2108
55-2108 OTHER INTERESTS NOT IMPAIRED BY CONSERVATION EASEMENTS.
Status: in_force

55-2108. Other interests not impaired by conservation easements. No interest in real property cognizable under the statutes, common law or custom in effect in this state prior to the effective date of this chapter shall be impaired, invalidated, or in any way adversely affected by reason of any provision of this chapter. No provision of this chapter shall be construed to mean that conservation easements were not lawful estates in land prior to the effective date of this chapter. Nothing in this chapter shall be construed so as to impair the rights of any entity with eminent domain authority pursuant to chapter 7, title 7, Idaho Code, with respect to right-of-way, easements or other property rights upon which facilities, plants, highway systems or other systems of that entity are located or are to be located. Nothing in this chapter shall be construed so as to impair or conflict with the provisions of chapter 46, title 67, Idaho Code, relating to the preservation of historic sites, or with the provisions of chapter 43, title 67, Idaho Code, relating to the preservation of recreational places.

History:

[55-2108, added 1988, ch. 222, sec. 1, p. 424.]
Idaho Code § 55-1504 — Idaho Code / Title 55 / Chapter 15 / Section 55-1504
55-1504 REQUIREMENTS TO QUALIFY.
Status: in_force

55-1504. Requirements to qualify. The requirements of this act shall apply to condominiums only (a) if there shall be recorded in the county in which such condominiums are located or to be located a declaration, as provided in this act, together with a plat or plats, and (b) if said documents, or either of them, contain an expression of intent to create a project which is subject to the provisions of this act, and (c) if at least one (1) of such documents contains:

(i) a plat or survey map of the surface of the ground included within the project,

(ii) diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, showing elevations where multi-level or multi-story structures are diagramed, and

(iii) a certificate consenting to the recordation of such documents pursuant to this act, executed and acknowledged by the record owner and the holder of any recorded security interest in such property. A condominium project is created if there has been substantial compliance in good faith with the provisions of this section.

The declaration and the plat or plats may, prior to the first sale of a condominium, be amended or revoked by a subsequently recorded instrument executed and acknowledged by the then record owner and the then holder of any recorded security interest in such property. Until such recordation of such a revocation, the provisions of this act shall continue to apply to such property. The term "record owner" as used in this section means the owner or owners of the property; or, in the case of property held under a recorded lease, the lessee; or, in the case of property held under a recorded sublease of such a lease, the sublessee; or, in the case of property held under a recorded assignment of such a lease or such a sublease, the assignee, but does not include holders or owners of unrecorded interests, or mineral interests, of easements or of rights of way.

History:

[55-1504, added 1965, ch. 225, sec. 4, p. 515.]
Idaho Code § 55-911 — Idaho Code / Title 55 / Chapter 9 / Section 55-911
55-911 INSOLVENCY DEFINED.
Status: in_force

55-911. Insolvency defined. (1) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.

(2) A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the transferee or debtor the burden of proving that it is probable that the debtor was solvent at the time of the transfer.

(3) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this act.

(4) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.

History:

[55-911, added 1987, ch. 202, sec. 2, p. 425; am. 2015, ch. 342, sec. 2, p. 1291.]
Idaho Code § 55-1710 — Idaho Code / Title 55 / Chapter 17 / Section 55-1710
55-1710 MODIFIED COORDINATES.
Status: in_force

55-1710. MODIFIED COORDINATES. Coordinates within the IPCS that have been modified for any purpose or coordinates within non-IPCS systems shall have:

(1) The qualifier "MODIFIED" added to the datum, adjustment, epoch, and zone reference. The document containing the coordinates shall include any datum adjustment, scale, elevation, or combined factors applied together with the origin of scale application and any other transformation parameters applied; or

(2) A label or description displayed in a manner that clearly shows the coordinates were not obtained through the IPCS.

History:

[55-1710, added 2021, ch. 174, sec. 16, p. 486.]
Idaho Code § 55-614 — Idaho Code / Title 55 / Chapter 6 / Section 55-614
55-614 LINEAL AND COLLATERAL WARRANTIES ABOLISHED.
Status: in_force

55-614. Lineal and collateral warranties abolished. Lineal and collateral warranties, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.

History:

[(55-614) 1863, p. 528, sec. 49; R.S., sec. 2937; reen. R.C. & C.L., sec. 3122; C.S., sec. 5386; I.C.A., 54-614.]
Idaho Code § 55-2019 — Idaho Code / Title 55 / Chapter 20 / Section 55-2019
55-2019 VENUE.
Status: in_force

55-2019. Venue. Venue for any action arising under this chapter shall be in the district court of the county in which the lot is located.

History:

[(55-2019) 1980, ch. 177, sec. 1, p. 380; am. and redesig. 1993, ch. 380, sec. 8, p. 1399; am. 2011, ch. 184, sec. 23, p. 534.]
Idaho Code § 55-902 — Idaho Code / Title 55 / Chapter 9 / Section 55-902
55-902 GRANTEE MUST BE PRIVY TO FRAUD.
Status: in_force

55-902. Grantee must be privy to fraud. No instrument is to be avoided under the last section, in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended.

History:

[(55-902) 1863, p. 540, sec. 2; R.S., sec. 3016; reen. R.C. & C.L., sec. 3165; C.S., sec. 5429; I.C.A., sec. 54-902.]
Idaho Code § 55-1707 — Idaho Code / Title 55 / Chapter 17 / Section 55-1707
55-1707 NONAUTHORITATIVE PLANE OR GEOGRAPHIC COORDINATES.
Status: in_force

55-1707. NONAUTHORITATIVE PLANE OR GEOGRAPHIC COORDINATES. The provisions of this chapter shall not be construed to prohibit the appropriate use of coordinates from nonauthoritative sources or coordinates based on alternative datums and geodetic reference networks. However, such coordinates shall be clearly identified as nonauthoritative or alternative to the IPCS and documented in such a way so as not to be confused with coordinates of the IPCS. Nonauthoritative and alternative coordinates shall not be used to define regulatory boundaries or rights in real property. The board may adopt rules to define appropriate use of such coordinates.

History:

[55-1707, added 2021, ch. 174, sec. 12, p. 485.]
Idaho Code § 55-3204A — Idaho Code / Title 55 / Chapter 32 / Section 55-3204A
55-3204A HOMEOWNER'S ASSOCIATIONS — POWERS — DUTIES — ENFORCEMENT.
Status: in_force

55-3204A. HOMEOWNER'S ASSOCIATIONS — POWERS — DUTIES — ENFORCEMENT. For any homeowner's association formed after July 1, 2025, the following provisions shall apply:

(1)(a) The governing documents may provide for a period of declarant control of the homeowner's association, during which a declarant, or persons designated by the declarant, may appoint and remove board members and officers of the homeowner's association. If the governing documents permit owner election of board members or officers during the period of declarant control, such board members or officers elected by owners may not be removed by the declarant.

(b) Regardless of the period of declarant control provided by the governing documents, on or before one hundred eighty (180) days after the date on which seventy-five percent (75%) of the lots are conveyed to owners other than the declarant or a builder in the business of constructing homes that purchased the lots from the declarant for the purpose of selling completed homes built on the lots, at least one-third (1/3) of the positions on the homeowner's association board shall be offered for members elected by owners other than the declarant.

(c) Once ninety-five percent (95%) of a development is built and occupied, the declarant shall begin the process of turning over full control of the homeowner's association to the owners and shall complete the process within twelve (12) months of such date.

(2) The provisions in subsection (1) of this section shall apply to the transfer of board control and do not affect other declarant rights as set forth in the declaration. The declarant shall retain architectural review authority during the period of declarant control, except as otherwise specified in the declaration.

(3) If a declarant fails or refuses to comply with subsection (1) of this section, an adversely affected owner may seek injunctive relief to require compliance within thirty (30) days of sending a written notice to the declarant.

History:

[55-3204A, added 2025, ch. 204, sec. 3, p. 927.]
Idaho Code § 55-1404 — Idaho Code / Title 55 / Chapter 14 / Section 55-1404
55-1404 RECOVERY OF CHARGES ADVANCED.
Status: in_force

55-1404. Recovery of charges advanced. When any commission merchant or warehouseman receives, on consignment, produce, merchandise or other property, and makes advances thereon for freight and charges, he may, if the same is not paid to him within four (4) months from the date of such advances, cause the produce, merchandise or property on which the advances were made, to be advertised and sold as provided herein.

History:

[(55-1404) R.S., sec. 1163; reen. R.C. & C.L., sec. 1549; C.S., sec. 2585; I.C.A., sec. 54-1404.]
Idaho Code § 55-1114 — Idaho Code / Title 55 / Chapter 11 / Section 55-1114
55-1114 COMPENSATION OF APPRAISERS.
Status: in_force

55-1114. Compensation of appraisers. The court must fix the compensation of the appraisers, not to exceed five dollars ($5.00) per day each for the time actually engaged.

History:

[(55-1114) R.S., sec. 3056; reen. R.C. & C.L., sec. 3194; C.S., sec. 5458; I.C.A., sec. 54-1114.]
Idaho Code § 55-2718 — Idaho Code / Title 55 / Chapter 27 / Section 55-2718
55-2718 PENALTIES.
Status: in_force

55-2718. Penalties. If upon the trial of any action brought under the provisions of section 55-2714, Idaho Code, or those of section 6-303, Idaho Code, the court shall find that the defendant acted with malice, wantonness, or oppression, judgment may be entered for three (3) times the amount at which actual damages are assessed.

History:

[55-2718, added 1998, ch. 194, sec. 1, p. 705.]
Idaho Code § 55-2306 — Idaho Code / Title 55 / Chapter 23 / Section 55-2306
55-2306 ENFORCEMENT OF LIEN.
Status: in_force

55-2306. Enforcement of lien. (1) A sale of personal property to enforce a lienholder's claim that has become due against a lessee and that is secured by the operator's lien may be conducted after the lessee has been in default continuously for a period of sixty (60) days.

(2) The operator shall send notice by certified mail or as provided for in the rental agreement to the lessee at his last known address and by mail to all persons disclosed by the lessee as claiming a security interest in the stored property. The notice shall include:

(a) The name, address, and telephone number of the person claiming the lien;

(b) An itemized statement of the lienholder's claim showing the sum due at the time of the notice and the date when the sum became due;

(c) A demand for payment within a time specified, not less than ten (10) days after sending of the notice;

(d) A statement that unless the claim is paid within the time stated in the notice, the personal property shall be sold at a specified time and place;

(e) A brief and general description of the goods subject to the lien; and

(f) Notification that the operator has denied or may deny access by the lessee to his personal property until the lien has been satisfied.

(3) At any time before the sale of the personal property has been conducted or the vehicle or trailer has been towed, the lessee or any other person may pay the amount necessary to satisfy the lien, including all documented and verifiable labor and expenses incurred in enforcing the lien, and be permitted to remove the personal property, vehicle, or trailer from the leased space.

(4) In the event of a sale, the operator shall:

(a) Ensure that the sale is conducted in conformance with the terms of the notice;

(b) Identify the specific properties and disclose the names and addresses provided by the lessee of persons claiming a security interest in the specified properties; and

(c) Comply with the provisions of section 45-805, Idaho Code, when foreclosing on titled vehicles.

(5) The proceeds of the sale shall be applied to the discharge of the lien and costs. The remainder, if any, shall be paid over to the lessee or any other person authorized in writing by the lessee to claim the balance.

(6) The operator may dispose of the personal property without liability to any person if:

(a) The operator has complied with the provisions of subsections (1) through (4) of this section and the personal property has not been purchased;

(b) The lessee fails to remove the personal property from the leased space after the end of the rental agreement and the rental agreement advises the lessee that any property remaining after the rental agreement has ended will be disposed of in the operator's discretion; or

(c) When disposing of titled vehicles, the operator complies with either the provisions of section 45-805, Idaho Code, or section 55-2308, Idaho Code.

(7) The operator may conduct the lien sale without obtaining an auctioneer's license and may offer the personal property for sale as a unit or in parcels on a publicly accessible website that regularly offers personal property for auction or sale, at the self-service storage facility, or at another location determined by the operator.

(8) A purchaser in good faith of any personal property sold pursuant to this section to satisfy the lien shall take the property free and clear of any rights of persons against whom the lien was valid, even if the operator has not complied with the provisions of this chapter or the rental agreement.

History:

[55-2306, added 1990, ch. 381, sec. 1, p. 1057; am. 2020, ch. 144, sec. 4, p. 445; am. 2024, ch. 244, sec. 3, p. 867; am. 2025, ch. 181, sec. 2, p. 852.]
Idaho Code § 55-105 — Idaho Code / Title 55 / Chapter 1 / Section 55-105
55-105 FUTURE INTERESTS — WHEN VESTED.
Status: in_force

55-105. Future interests — When vested. A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property upon the ceasing of the immediate or precedent interest.

History:

[55-105, added R.S., sec. 2830; reen. R.C. & C.L., sec. 3061; C.S., sec. 5329; I.C.A., sec. 54-105.]
Idaho Code § 55-1510 — Idaho Code / Title 55 / Chapter 15 / Section 55-1510
55-1510 REMOVAL OF PROPERTY FROM LAW — COMMON OWNERSHIP — RESUBMISSION.
Status: in_force

55-1510. Removal of property from law — Common ownership — Resubmission. Unless otherwise provided in the declaration, a project may be removed from the provisions of this act by a vote or written consent of the condominium owners owning at least a two-thirds (2/3) interest in the common areas as percentages of interest are allocated pursuant to section 55-1505(1)(c), and by filing for record in the county where the project is located a written instrument signed and acknowledged by such owners wherein it is stated that such described project is so withdrawn, provided, holders of all liens affecting any of the units or the common must consent or agree thereto in writing by recorded written instrument in which event their liens shall be deemed forthwith, and without change of seniority, transferred (a) to the former condominium owner's undivided interest in the property as hereinafter provided if such lien was upon a condominium, and (b) upon the entire property if the lien was specifically upon the common areas or the project as a whole and not upon any particular condominium or condominiums; provided further, however, nothing herein contained shall be construed to restrict the right to limit, prohibit or make other provisions respecting withdrawal from this act by provision in the declaration.

Upon such removal under this section the property shall be deemed to be owned in common and each former condominium owner shall have an exclusive right to the occupancy of what formerly was his unit. Removal of a project from the provisions of this act shall in no way bar the subsequent resubmission of the property to the provisions of this act.

History:

[55-1510, added 1965, ch. 225, sec. 10, p. 515.]
Idaho Code § 55-1001 — Idaho Code / Title 55 / Chapter 10 / Section 55-1001
55-1001 DEFINITIONS.
Status: in_force

55-1001. Definitions. For purposes of this chapter:

(1) "Dwelling house" and "mobile home" include manufactured housing.

(2) "Homestead" means and consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and the land on which the same are situated and by which the same are surrounded, or improved; or unimproved land owned with the intention of placing a house or mobile home thereon and residing thereon. A mobile home may be exempted under this chapter whether or not it is permanently affixed to the underlying land and whether or not the mobile home is placed upon a lot owned by the mobile home owner. Property included in the homestead must be actually intended or used as a principal home for the owner.

(3) "Net value" means market value less all liens and encumbrances.

(4) "Owner" includes, but is not limited to, a purchaser under a deed of trust, mortgage, or contract, or a person who takes the subject property under a life estate.

History:

[55-1001, added 1989, ch. 371, sec. 2, p. 934; am. 2000, ch. 226, sec. 1, p. 622.]
Idaho Code § 55-611 — Idaho Code / Title 55 / Chapter 6 / Section 55-611
55-611 GRANT OF LAND BOUNDED BY HIGHWAY.
Status: in_force

55-611. Grant of land bounded by highway. A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the highway in front, to the center thereof, unless a different intent appears from the grant.

History:

[(55-611) R.S., sec. 2934; reen. R.C. & C.L., sec. 3119; C.S., sec. 5383; I.C.A., sec. 54-611.]
Idaho Code § 55-502 — Idaho Code / Title 55 / Chapter 5 / Section 55-502
55-502 RIGHT OF REENTRY IS TRANSFERABLE.
Status: in_force

55-502. Right of reentry is transferable. A right of reentry or of repossession for breach of condition subsequent can be transferred.

History:

[(55-502) R.S., sec. 2901; reen. R.C. & C.L., sec. 3098; C.S., sec. 5366; I.C.A., sec. 54-502.]
Idaho Code § 55-2009A — Idaho Code / Title 55 / Chapter 20 / Section 55-2009A
55-2009A NOTICE OF LIENHOLDER — LIMIT ON BACK RENT — ABANDONMENT.
Status: in_force

55-2009A. Notice of lienholder — Limit on back rent — abandonment. (1) Any lienholder or legal owner of a home who wants to be protected under this section must so notify the landlord in writing of his secured or legal interest.

(2) If the resident becomes sixty (60) days in arrears in his rent or at the time of suspected abandonment by the resident on a lot, it is incumbent upon the landlord to notify in writing the lienholder and legal owner of the home and to communicate to the lienholder and legal owner the liability for any rent and other charges specified in the rental agreement. The lienholder shall be responsible for utilities from the date of notice. However, the landlord shall be entitled to a maximum of sixty (60) days rent due prior to notice to lienholder. Any and all costs shall then become the responsibility of the legal owner or lienholder of the home. The home may not be removed from the lot without a signed written agreement from the landlord or manager showing clearance for removal, showing all moneys due and owing paid in full, or an agreement reached with the legal owner and the landlord.

History:

[55-2009A, added 1981, ch. 207, sec. 2, p. 373.; am. 2011, ch. 184, sec. 10, p. 528.]
Idaho Code § 55-1101 — Idaho Code / Title 55 / Chapter 11 / Section 55-1101
55-1101 EXECUTION AGAINST HOMESTEAD.
Status: in_force

55-1101. Execution against homestead. When an execution for the enforcement of a judgment, obtained in a case not within the classes before enumerated, is levied upon the homestead, the judgment creditor may apply to the district court of the county in which the homestead is situated for the appointment of persons to appraise the value thereof.

History:

[(55-1101) 1863, p. 575, sec. 3; R.S., sec. 3043; reen. R.C. & C.L., sec. 3181; C.S., sec. 5445; I.C.A., sec. 54-1101.]
Idaho Code § 55-1511 — Idaho Code / Title 55 / Chapter 15 / Section 55-1511
55-1511 PARTITION — SALE.
Status: in_force

55-1511. Partition — Sale. (a) Where two (2) or more persons own condominiums in a project an action may be brought by one (1) or more of such persons for the partition of the interests comprising the project, as if the owners of all of the condominiums in such project were tenants in common in the entire project in the proportion provided for in the declaration, deeds, or plat or plats entered into with respect to such project, or, in the absence of such provision, in the same proportion as their interests in the common areas of such project; provided, however, that a partition shall be made only upon the showing that:

(1) Three (3) years after the damage to, or destruction or taking of, a material part of the project which renders the project unfit for the use to which it was put prior to such damage, destruction or taking, the project has not been rebuilt, repaired or replaced in a manner which substantially permits such use of the project, or

(2) Three-fourths (3/4) or more of the project has been destroyed, taken, or substantially damaged, and that persons entitled to cast fifty per cent (50%) of the votes to determine whether or not the project shall be repaired, restored or replaced are opposed to such repair, restoration or replacement, or

(3) More than fifty (50) years have elapsed since the first conveyance of a condominium in the project, and that the project is uneconomic or otherwise obsolete, and that persons entitled to cast fifty per cent (50%) of the votes to determine whether or not the project shall be repaired, restored or replaced are opposed to such repair, restoration or replacement, or

(4) That conditions for such a partition provided for in the deed, declaration, plat or plats entered into with respect to such project have been met, whether such conditions be more or less restrictive than the conditions set forth in this section.

(b) The entire project or a part thereof may be sold if it appears that a physical partition cannot be made without prejudice to the respective rights of the persons' interests therein.

(c) Nothing herein shall be deemed to prevent partition of a condominium as between two (2) or more persons having interests therein.

History:

[55-1511, added 1965, ch. 225, sec. 11, p. 515.]
Idaho Code § 55-1817 — Idaho Code / Title 55 / Chapter 18 / Section 55-1817
55-1817 REAL ESTATE LICENSE REQUIRED.
Status: in_force

55-1817. Real estate license required. No real estate broker or salesperson shall offer or dispose of subdivided lands within or from this state, except in dispositions and transactions exempt under section 55-1805, Idaho Code, unless said real estate broker or salesperson is licensed pursuant to chapter 20, title 54, Idaho Code.

History:

[55-1817, added 1972, ch. 276, sec. 17, p. 667; am. 2010, ch. 214, sec. 17, p. 480.]
Idaho Code § 55-1704 — Idaho Code / Title 55 / Chapter 17 / Section 55-1704
55-1704 ZONE NAMING AND DOCUMENTS REPORTING COORDINATES WITHIN ZONES.
Status: in_force

55-1704. zone naming and documents reporting coordinates within multiple zones. Any document containing coordinates of the IPCS will include, at a minimum, the datum, adjustment, epoch, and zone names as defined by the NGS. When any document reports coordinates of points that lie within multiple coordinate zones, the coordinates of all points shall refer to one (1) of the zones, which shall be named in the document.

History:

[55-1704, added 1967, ch. 275, sec. 4, p. 771; am. 2010, ch. 256, sec. 6, p. 652; am. 2021, ch. 174, sec. 8, p. 485.]
Idaho Code § 55-1823 — Idaho Code / Title 55 / Chapter 18 / Section 55-1823
55-1823 PENALTIES.
Status: in_force

55-1823. Penalties. Any person who shall willfully violate any provision of this chapter or who willfully violates any rule or order of the commission made and served upon said person pursuant to the provisions of this chapter, or who shall willfully engage in any act, practice or transaction declared by any provision of this chapter to be unlawful shall be guilty of a felony.

History:

[55-1823, added 1972, ch. 276, sec. 23, p. 667; am. 1972, ch. 387, sec. 1, p. 1118; am. 2010, ch. 214, sec. 24, p. 481.]
Idaho Code § 55-1820 — Idaho Code / Title 55 / Chapter 18 / Section 55-1820
55-1820 JURISDICTION.
Status: in_force

55-1820. Jurisdiction. (1) Dispositions of subdivided lands are subject to this chapter, and the district courts of this state have jurisdiction in claims or causes of action arising under this chapter if:

(a) The subdivider's principal office is located in this state; or

(b) Any offer or disposition of subdivided lands is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.

(2) Any person who makes a disposition of subdivided lands in this state, whether or not the subdivided lands are registered in this state, has thereby submitted to the jurisdiction of the state of Idaho and to the administrative jurisdiction of the commission and shall be subject to all penalties and remedies available under Idaho law for any violation of the provisions of this chapter.

History:

[55-1820, added 1972, ch. 276, sec. 20, p. 667; am. 2010, ch. 214, sec. 21, p. 481.]
Idaho Code § 55-610 — Idaho Code / Title 55 / Chapter 6 / Section 55-610
55-610 GRANT OF RENTS, REVERSIONS, OR REMAINDERS.
Status: in_force

55-610. Grant of rents, reversions, or remainders. Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants; but no tenant who, before notice of the grant, has paid rent to the grantor, must suffer any damage thereby.

History:

[(55-610) 1863, p. 528, sec. 47; R.S., sec. 2933; reen. R.C. & C.L., sec. 3118; C.S., sec. 5382; I.C.A., sec. 54-610.]
Idaho Code § 55-1701 — Idaho Code / Title 55 / Chapter 17 / Section 55-1701
55-1701 DEFINITIONS.
Status: in_force

55-1701. DEFINITIONS. The following definitions shall apply to terms used in this chapter:

(1) "Board" means the Idaho board of licensure of professional engineers and professional land surveyors.

(2) "Idaho plane coordinate system" or "IPCS" means the system, and any successor system, of map projections specific to the state of Idaho maintained by NGS.

(3) "Idaho transverse mercator" or "IDTM" means the statewide mapping projection, and any successor system, specific to the state of Idaho maintained by the NGS.

(4) "Identifying information" means the datum, adjustment, epoch, coordinate system, zone, and unit of a plane coordinate system.

(5) "National geodetic survey" or "NGS" means the federal agency, and any successor agency, that defines and manages the NSRS.

(6) "National spatial reference system" or "NSRS" means the consistent coordinate system, and any successor system, defining latitude, longitude, height, scale, gravity, orientation, and shoreline throughout the United States.

(7) "State plane coordinate system" or "SPCS" means the nationwide system, and any successor system, of map projections maintained by NGS.

History:

[55-1701, added 2021, ch. 174, sec. 3, p. 484.]
Idaho Code § 55-922 — Idaho Code / Title 55 / Chapter 9 / Section 55-922
55-922 SHORT TITLE.
Status: in_force

55-922. Short title. This act, that was formerly cited as the "Uniform Fraudulent Transfer Act" may be cited as the "Uniform Voidable Transactions Act."

History:

[(55-922) 55-921, added 1987, ch. 202, sec. 2, p. 429; am. and redesig. 2015, ch. 342, sec. 12, p. 1296.]
Idaho Code § 55-1103 — Idaho Code / Title 55 / Chapter 11 / Section 55-1103
55-1103 FILING OF APPLICATION.
Status: in_force

55-1103. Filing of application. The petition must be filed with the clerk of the district court.

History:

[(55-1103) R.S., sec. 3045; reen. R.C. & C.L., sec. 3183; C.S., sec. 5447; I.C.A., sec. 54-1103; am. 2012, ch. 20, sec. 26, p. 74.]
Idaho Code § 55-809 — Idaho Code / Title 55 / Chapter 8 / Section 55-809
55-809 WHEN DEEMED RECORDED.
Status: in_force

55-809. When deemed recorded. An instrument is deemed to be recorded when, being duly acknowledged, or proved and certified, it is deposited in the recorder's office with the proper officer for record.

History:

[(55-809) R.S., sec. 2998; reen. R.C. & C.L., sec. 3157; C.S., sec. 5421; I.C.A., sec. 54-809.]
Idaho Code § 55-601 — Idaho Code / Title 55 / Chapter 6 / Section 55-601
55-601 CONVEYANCE — HOW MADE.
Status: in_force

55-601. Conveyance — How made. A conveyance of an estate in real property may be made by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. The name of the grantee and his complete mailing address must appear on such instrument.

History:

[(55-601) 1863, p. 528, sec. 1; R.S., sec. 2920; reen. R.C. & C.L., sec. 3105; C.S., sec. 5373; I.C.A., sec. 54-601; am. 1973, ch. 284, sec. 1, p. 600; am. 1989, ch. 105, sec. 1, p. 238.]
Idaho Code § 55-2715 — Idaho Code / Title 55 / Chapter 27 / Section 55-2715
55-2715 RETALIATORY CONDUCT BY LANDLORD PROHIBITED.
Status: in_force

55-2715. Retaliatory conduct by landlord prohibited. The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease service he normally supplies, or threaten to bring an action for repossession of a floating home site as retaliation against the tenant because the tenant has:

(1) Complained in good faith about a violation of a building, safety or health code or regulation pertaining to a floating home marina to the governmental agency responsible for enforcing the code or regulation.

(2) Complained to the landlord concerning the maintenance or condition of the marina, rent charged, or rules and regulations.

(3) Organized, became a member of or served as an official in a homeowner's association, or similar organization, at a local, regional, state or national level.

(4) Retained counsel or an agent to represent his interests.

History:

[55-2715, added 1998, ch. 194, sec. 1, p. 704.]
Idaho Code § 55-815 — Idaho Code / Title 55 / Chapter 8 / Section 55-815
55-815 UNRECORDED INSTRUMENTS VALID BETWEEN PARTIES.
Status: in_force

55-815. Unrecorded instruments valid between parties. An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.

History:

[(55-815) 1863, p. 528, sec. 23; R.S., sec. 3004; reen. R.C. & C.L., sec. 3163; C.S., sec. 5427; I.C.A., sec. 54-815.]
Idaho Code § 55-1111 — Idaho Code / Title 55 / Chapter 11 / Section 55-1111
55-1111 BID MUST EXCEED EXEMPTION.
Status: in_force

55-1111. Bid must exceed exemption. At such sale no bid must be received unless it exceeds the amount of the homestead exemption.

History:

[(55-1111) 1863, p. 575, sec. 3; R.S., sec. 3053; reen. R.C. & C.L., sec. 3191; C.S., sec. 5455; I.C.A., sec. 54-1111.]
Idaho Code § 55-2704 — Idaho Code / Title 55 / Chapter 27 / Section 55-2704
55-2704 DEFINITIONS.
Status: in_force

55-2704. Definitions. (1) "Floating home" means a floating structure which is designed and built to be used, or is modified to be used, as a stationary waterborne residential dwelling, has no mode or power of its own, is dependent for utilities upon a continuous utility linkage to a source originating on shore, and has a permanent continuous connection to a sewage system on shore.

(2) "Floating home moorage marina" or "moorage" means a waterfront facility for the moorage of one (1) or more floating homes and the land and water premises on which such facility is located.

(3) "Landlord" means the owner of a floating home marina and includes the agent of the landlord.

(4) "Moorage site" means a part of a floating home marina located over water and designed to accommodate one (1) floating home.

(5) "Resident organization" means a tenant or homeowner's association, whether or not incorporated, the membership of which is made up of tenants of the floating home marina and/or owners of a floating home.

(6) "Tenant" means any person who rents a floating home moorage site or the person's agent of record.

History:

[55-2704, added 1998, ch. 194, sec. 1, p. 699.]
Idaho Code § 55-804 — Idaho Code / Title 55 / Chapter 8 / Section 55-804
55-804 NOTICES OF LOCATION.
Status: in_force

55-804. Notices of location. Certificates and notices of location authorized by law, with the affidavits attached, may be recorded without acknowledgment or further proof.

History:

[(55-804) R.S., sec. 2993; reen. R.C. & C.L., sec. 3152; C.S., sec. 5416; I.C.A., sec. 54-804.]
Idaho Code § 55-2514 — Idaho Code / Title 55 / Chapter 25 / Section 55-2514
55-2514 CHAPTER DOES NOT RELIEVE SELLER OR HIS AGENT OF OBLIGATION TO DISCLOSE OTHER INFORMATION.
Status: in_force

55-2514. Chapter does not relieve seller or his agent of obligation to disclose other information. Specification of items of information that must be disclosed in the property disclosure form as prescribed under sections 55-2506 and 55-2507, Idaho Code, does not limit and shall not be construed as limiting any obligation to disclose an item of information that is created by any other section of the Idaho Code or the common law of the state of Idaho. The disclosure requirements of this chapter do not bar and shall not be construed as barring the application of any legal equitable defense that a transferor of residential real property may assert in a civil action commenced against the transferor by a prospective or actual transferee of the property.

History:

[55-2514, added 1994, ch. 366, sec. 1, p. 1178.]
Idaho Code § 55-2005 — Idaho Code / Title 55 / Chapter 20 / Section 55-2005
55-2005 RENTAL AGREEMENT.
Status: in_force

55-2005. Rental agreement. (1) A written rental agreement or lease shall be executed in duplicate by the landlord and the prospective resident, each to receive a copy. The landlord shall provide a copy of the community rules when the prospective resident submits an application for residency and prior to the execution of the rental agreement. The provisions of this chapter shall apply to all such agreements and to all other rental agreements to the extent applicable as set forth in this chapter.

(2) The requirement of subsection (1) of this section shall not apply if:

(a) The community or part thereof has been acquired by eminent domain or condemnation for a public works project; or

(b) An employer-employee relationship exists between a landlord and resident.

(3) The provisions of this section shall apply to any tenancy in existence on the effective date of this act, but only after expiration of the term of any oral or written rental agreement governing such tenancy, not to exceed twelve (12) months from the date of enactment of this section. Existing contracts may be perpetuated by agreement of both parties. If a resident fails to sign and return to the landlord, who has acted in good faith, any new or amended rental agreement following the written notice provided in accordance with the provisions of section 55-2006, Idaho Code, and the resident continues to hold the premises after the expiration of the notice period, then the notice shall of itself operate and be effectual to create and establish, as part of the rental agreement, the terms, rent, conditions and rules specified in the notice.

History:

[55-2005, added 1980, ch. 177, sec. 1, p. 376; am. 1988, ch. 196, sec. 3, p. 371; am. 2011, ch. 184, sec. 5, p. 525.]
Idaho Code § 55-2605 — Idaho Code / Title 55 / Chapter 26 / Section 55-2605
55-2605 PREEMPTION OF LOCAL AUTHORITY — NOISE STANDARDS — ZONING.
Status: in_force

55-2605. Preemption of local authority — Noise standards — Zoning. Local governmental law is herein preempted and local governments shall not have authority to establish or enforce noise standards for outdoor sport shooting ranges, not otherwise exempted from local regulation by this chapter, more restrictive than any standards established for state outdoor shooting ranges in chapter 91, title 67, Idaho Code, nor shall a local government have the authority to make any action described in section 55-2604(7), Idaho Code, a violation of a local zoning ordinance nor shall the undertaking of any such action cause an outdoor sport shooting range to be in violation of any zoning ordinance.

History:

[55-2605, added 2008, ch. 318, sec. 4, p. 881; am. 2021, ch. 110, sec. 2, p. 353.]
Idaho Code § 55-1109 — Idaho Code / Title 55 / Chapter 11 / Section 55-1109
55-1109 ORDER SETTING ASIDE EXEMPT PORTION.
Status: in_force

55-1109. Order setting aside exempt portion. If, from the report, it appears to the judge that the land claimed can be divided without material injury, he must, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.

History:

[(55-1109) 1863, p. 575, sec. 3; R.S., sec. 3051; reen. R.C. & C.L., sec. 3189; C.S., sec. 5453; I.C.A., sec. 54-1109.]
Idaho Code § 55-2606 — Idaho Code / Title 55 / Chapter 26 / Section 55-2606
55-2606 SEVERABILITY.
Status: in_force

55-2606. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[55-2606, added 2008, ch. 318, sec. 5, p. 881.]
Idaho Code § 55-102 — Idaho Code / Title 55 / Chapter 1 / Section 55-102
55-102 PERSONAL PROPERTY DEFINED.
Status: in_force

55-102. Personal property defined. Every kind of property that is not real is personal.

History:

[55-102, added R.S., sec. 2826; reen. R.C. & C.L., sec. 3057; C.S., sec. 5326; I.C.A., sec. 54-102.]
Idaho Code § 55-1503 — Idaho Code / Title 55 / Chapter 15 / Section 55-1503
55-1503 DEFINITIONS.
Status: in_force

55-1503. Definitions. As used in this act unless the context otherwise requires:

(a) "Condominium" means an estate in property as defined in section 55-101B, Idaho Code, as amended.

(b) "Project" means the entirety of the property divided or to be divided into condominiums.

(c) "Property" means the land described in the declaration recorded pursuant to section 55-1505, together with every building, improvement or structure thereon, and every easement or right appurtenant thereto, and all personal property intended for use in connection therewith or for the use, benefit or enjoyment of the condominium owners.

(d) "Unit" means the separate interest in a condominium.

(e) "Common area" means the entire project excepting all units.

(f) "Management body" means any person or persons managing a project, and includes the condominium owners acting themselves, a corporation or association of which the owners are members or stockholders, a board of governors or directors elected by the owners, or a management agent selected by the owners, by the corporation or association, or by the board, or named in the declaration.

(g) "Limited common areas" mean those common areas and facilities designated in the declaration for use of a certain condominium owner or owners to the exclusion, limitation or restriction of others.

(h) "Person" means any individual or any corporation, joint venture, limited partnership, partnership, firm, association, trustee or other similar entity or organization.

History:

[55-1503, added 1965, ch. 225, sec. 3, p. 515.]
Idaho Code § 55-1819A — Idaho Code / Title 55 / Chapter 18 / Section 55-1819A
55-1819A NONCOMPLIANCE — UNFAIR PRACTICE UNDER THE IDAHO CONSUMER PROTECTION ACT.
Status: in_force

55-1819A. noncompliance — unfair practice under the Idaho consumer protection act. Any offer or disposition made in violation of this chapter constitutes an unfair and deceptive act or practice pursuant to chapter 6, title 48, Idaho Code.

History:

[55-1819A, added 2010, ch. 214, sec. 20, p. 480.]
Idaho Code § 55-1524 — Idaho Code / Title 55 / Chapter 15 / Section 55-1524
55-1524 APPLICATION OF LOCAL ZONING ORDINANCES.
Status: in_force

55-1524. Application of local zoning ordinances. Unless a contrary intent is clearly expressed in local zoning ordinances, such ordinances shall be construed to treat like structures, lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale of condominiums created in a project pursuant to this act, rather than by the lease or other disposition of such structures, lots or parcels on any part or parts thereof.

History:

[55-1524, added 1965, ch. 225, sec. 24, p. 515.]
Idaho Code § 55-915 — Idaho Code / Title 55 / Chapter 9 / Section 55-915
55-915 WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED.
Status: in_force

55-915. When transfer is made or obligation is incurred. For the purposes of this act:

(1) A transfer is made:

(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this act that is superior to the interest of the transferee;

(2) If applicable law permits the transfer to be perfected as provided in subsection (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this act, the transfer is deemed made immediately before the commencement of the action;

(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee;

(4) A transfer is not made until the debtor has acquired rights in the asset transferred; and

(5) An obligation is incurred:

(a) If oral, when it becomes effective between the parties; or

(b) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.

History:

[55-915, dded 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 5, p. 1293.]
Idaho Code § 55-1904 — Idaho Code / Title 55 / Chapter 19 / Section 55-1904
55-1904 RECORDS OF SURVEY — WHEN FILING REQUIRED.
Status: in_force

55-1904. Records of survey — When filing required. After making a land survey in conformity with established principles of land surveying, a surveyor shall file a record of survey with the county recorder in the county or counties wherein the lands surveyed are situated. A record of survey shall be filed within ninety (90) days after completing any survey which:

(1) Discloses a material discrepancy with previous surveys of record;

(2) Establishes boundary lines and/or corners not previously existing or of record;

(3) Results in the setting of monuments at corners of record which were not previously monumented;

(4) Produces evidence or information which varies from, or is not contained in, surveys of record relating to the public land survey, lost public land corners or obliterated land survey corners; or

(5) Results in the setting of monuments that conform to the requirements of section 54-1227, Idaho Code, at the corners of an easement or lease area.

History:

[55-1904, added 1978, ch. 107, sec. 1, p. 222; am. 2006, ch. 136, sec. 1, p. 391; am. 2011, ch. 136, sec. 18, p. 394.]
Idaho Code § 55-1812 — Idaho Code / Title 55 / Chapter 18 / Section 55-1812
55-1812 FRAUDULENT PRACTICES.
Status: in_force

55-1812. Fraudulent practices. It shall be a fraudulent practice and it shall be unlawful:

(1) For any person knowingly to subscribe to or make or cause to be made any materially false statement or representation in any application, financial statement or other document or statement required to be filed under any provision of this chapter, or to omit to state any material statement or fact in any such document or statement that is necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;

(2) For any person, in connection with the offer or disposition of subdivided lands, directly or indirectly, to employ any device, scheme or artifice to defraud;

(3) For any person, in connection with the offer or disposition of subdivided lands, directly or indirectly, to make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or

(4) For any person, in connection with the offer or disposition of subdivided lands, directly or indirectly, to engage in any act, practice or course of business that operates or would operate as a fraud or deception upon purchasers or the public.

History:

[55-1812, added 1972, ch. 276, sec. 12, p. 667; am. 2010, ch. 214, sec. 13, p. 477.]
Idaho Code § 55-2801 — Idaho Code / Title 55 / Chapter 28 / Section 55-2801
55-2801 PSYCHOLOGICALLY IMPACTED DEFINED.
Status: in_force

55-2801. Psychologically impacted defined. As used in this chapter, "psychologically impacted" means the effect of certain circumstances surrounding real property which include, but are not limited to, the fact or suspicion that real property might be or is impacted as a result of facts or suspicions including, but not limited to the following:

(1) That an occupant or prior occupant of the real property is or was at any time suspected of being infected or has been infected with a disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or

(2) That the real property was at any time suspected of being the site of suicide, homicide or the commission of a felony which had no effect on the physical condition of the property or its environment or the structures located thereon; or

(3) That a registered or suspected sex offender occupied or resides near the property.

History:

[(55-2801) 55-2701, added 1998, ch. 335, sec. 1, p. 1080; am. and redesig. 2005, ch. 25, sec. 109, p. 128.]
Idaho Code § 55-2402 — Idaho Code / Title 55 / Chapter 24 / Section 55-2402
55-2402 ACTIVITY NEAR OVERHEAD LINE — SAFETY RESTRICTIONS.
Status: in_force

55-2402. Activity near overhead line — Safety restrictions. Unless danger against contact with high voltage overhead lines has been effectively guarded against as provided in section 55-2403, Idaho Code, a contractor, individually or through an agent or employee or as an agent or employee, shall not:

(1) Perform or require any other person to perform any function or activity upon any land, building, highway, waterway or other premises if at any time during the performance of such function or activity it is possible that the contractor or the person or any part of any tool or material used by the contractor or the person could move or be placed or brought closer to any high voltage overhead line than the following clearances:

(a) For lines nominally rated at fifty (50) kilovolts or less, ten (10) feet of clearance;

(b) For lines nominally rated at over fifty (50) kilovolts, ten (10) feet plus four-tenths (.4) of an inch for each kilovolt over fifty (50) kilovolts.

(2) Operate any mechanical or hoisting equipment or any load of such equipment, any part of which is capable of vertical, lateral or swinging motion closer to any high voltage overhead lines than the clearances specified in subsections (1)(a) and (b) of this section.

History:

[55-2402, added 1992, ch. 177, sec. 1, p. 560.]
Idaho Code § 55-914 — Idaho Code / Title 55 / Chapter 9 / Section 55-914
55-914 TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR.
Status: in_force

55-914. Transfer or obligation voidable as to present creditor. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

(2) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.

(3) Subject to section 55-911(2), Idaho Code, a creditor making a claim under subsection (1) or (2) of this section has the burden of proving the elements of the claim by a preponderance of the evidence.

History:

[55-914, added 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 4, p. 1292.]
Idaho Code § 55-2506 — Idaho Code / Title 55 / Chapter 25 / Section 55-2506
55-2506 DISCLOSURE INFORMATION.
Status: in_force

55-2506. Disclosure information. The information required in this chapter shall be set forth on the form set out in section 55-2508, Idaho Code. Alternative forms may be substituted for those set out in section 55-2508, Idaho Code, provided that alternative forms include the disclosure information as set forth in section 55-2506, Idaho Code, and the mandatory disclosure statements set forth in section 55-2507, Idaho Code. The form must be designed to permit the transferor to disclose material matters relating to the physical condition of the property to be transferred including, but not limited to, the source of water supply to the property; the nature of the sewer system serving the property; the condition of the structure of the property including the roof, foundation, walls and floors; the known presence of hazardous materials or substances.

History:

[55-2506, added 1994, ch. 366, sec. 1, p. 1174.]
Idaho Code § 55-3011 — Idaho Code / Title 55 / Chapter 30 / Section 55-3011
55-3011 ENFORCEMENT OF ENVIRONMENTAL COVENANT.
Status: in_force

55-3011. Enforcement of environmental covenant. (1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:

(a) A party to the covenant;

(b) The agency or, if it is not the agency, the Idaho department of environmental quality;

(c) Any person to whom the covenant expressly grants power to enforce;

(d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or

(e) A municipality or other unit of local government in which the real property subject to the covenant is located.

(2) This chapter does not limit the regulatory authority of the agency or the Idaho department of environmental quality under law other than this chapter with respect to an environmental response project.

(3) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.

History:

[55-3011, added 2006, ch. 15, sec. 1, p. 39.]
Idaho Code § 55-908 — Idaho Code / Title 55 / Chapter 9 / Section 55-908
55-908 FRAUD IS A QUESTION OF FACT.
Status: in_force

55-908. Fraud is a question of fact. In all cases arising under the provisions of chapters 5 to 9 inclusive, of this title, the question of fraudulent intent is one of fact, and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.

History:

[(55-908) 1863, p. 540, sec. 20; R.S., sec. 3022; reen. R.C. & C.L., sec. 3171, C.S., sec. 5435; I.C.A., sec. 54-908; am. 1967, ch. 272, sec. 28, p. 745.]
Idaho Code § 55-605 — Idaho Code / Title 55 / Chapter 6 / Section 55-605
55-605 ACQUISITION OF SUBSEQUENT TITLE BY GRANTOR.
Status: in_force

55-605. Acquisition of subsequent title by grantor. Where a person purports by proper instrument to convey or grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors.

History:

[(55-605) 1863, p. 528, sec. 32; R.S., sec. 2928; reen. R.C. & C.L., sec. 3113; C.S., sec. 5377; I.C.A., sec. 54-605.]