reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 29 - EMERGENCY COMMUNICATIONS PRESERVATION › Section 55-2904 - ANTENNA SUPPORT STRUCTURES — ANTENNAS — RESTRICTIONS ON LOCAL UNITS OF GOVERNMENT.

55-2904. ANTENNA SUPPORT STRUCTURES — ANTENNAS — RESTRICTIONS ON LOCAL UNITS OF GOVERNMENT. Any rule or ordinance of a local unit of government involving the placement, screening or height of antennas and towers based on health, safety or aesthetic considerations must be crafted to reasonably accommodate amateur radio communications and to represent the minimum practicable regulation to accomplish a legitimate purpose of the local unit of government.
History:
[55-2904, added 2001, ch. 316, sec. 1, p. 1126.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3001 - SHORT TITLE.

55-3001. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Environmental Covenants Act."
History:
[55-3001, added 2006, ch. 15, sec. 1, p. 35.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3002 - DEFINITIONS.

55-3002. DEFINITIONS. As used in this chapter:
(1) "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.
(2) "Agency" means the Idaho department of environmental quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
(3) "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.
(5) "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
(a) Under a federal or state program governing environmental remediation of real property;
(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(c) Under an authorized state voluntary cleanup program.
(6) "Holder" means the grantee of an environmental covenant as specified in section 55-3003(1), Idaho Code.
(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
History:
[55-3002, added 2006, ch. 15, sec. 1, p. 35.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3003 - NATURE OF RIGHTS — SUBORDINATION OF INTERESTS.

55-3003. NATURE OF RIGHTS — SUBORDINATION OF INTERESTS. (1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one (1) holder. The interest of a holder is an interest in real property.
(2) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.
(3) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.
(4) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(a) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.
(b) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.
(c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners’ association.
(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
History:
[55-3003, added 2006, ch. 15, sec. 1, p. 36.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3004 - CONTENTS OF ENVIRONMENTAL COVENANT.

55-3004. CONTENTS OF ENVIRONMENTAL COVENANT. (1) An environmental covenant must:
(a) State that the instrument is an environmental covenant executed pursuant to this chapter;
(b) Contain a legally sufficient description of the real property subject to the covenant;
(c) Describe the activity and use limitations on the real property;
(d) Identify every holder;
(e) Be signed by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and
(f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(2) In addition to the information required by subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(b) Requirements for periodic reporting describing compliance with the covenant;
(c) Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(d) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(e) Limitation on amendment or termination of the covenant in addition to those contained in sections 55-3009 and 55-3010, Idaho Code; and
(f) Rights of the holder in addition to its right to enforce the covenant pursuant to section 55-3011, Idaho Code.
(3) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
History:
[55-3004, added 2006, ch. 15, sec. 1, p. 36.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3005 - VALIDITY — EFFECT ON OTHER INSTRUMENTS.

55-3005. VALIDITY — EFFECT ON OTHER INSTRUMENTS. (1) An environmental covenant that complies with this chapter runs with the land.
(2) An environmental covenant that is otherwise effective is valid and enforceable even if:
(a) It is not appurtenant to an interest in real property;
(b) It can be or has been assigned to a person other than the original holder;
(c) It is not of a character that has been recognized traditionally at common law;
(d) It imposes a negative burden;
(e) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(f) The benefit or burden does not touch or concern real property;
(g) There is no privity of estate or contract;
(h) The holder dies, ceases to exist, resigns, or is replaced; or
(i) The owner of an interest subject to the environmental covenant and the holder are the same person.
(3) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before July 1, 2006, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (2) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.
(4) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
History:
[55-3005, added 2006, ch. 15, sec. 1, p. 37.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3006 - RELATIONSHIP TO OTHER LAND USE LAW.

55-3006. RELATIONSHIP TO OTHER LAND USE LAW. This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.
History:
[55-3006, added 2006, ch. 15, sec. 1, p. 37.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3007 - NOTICE.

55-3007. NOTICE. (1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:
(a) Each person that signed the covenant;
(b) Each person holding a recorded interest in the real property subject to the covenant;
(c) Each person in possession of the real property subject to the covenant;
(d) Each municipality or other unit of local government in which real property subject to the covenant is located; and
(e) Any other person the agency requires.
(2) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
History:
[55-3007, added 2006, ch. 15, sec. 1, p. 38.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3008 - RECORDING.

55-3008. RECORDING. (1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.
(2) Except as otherwise provided in section 55-3009(3), Idaho Code, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.
History:
[55-3008, added 2006, ch. 15, sec. 1, p. 38.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3009 - DURATION — AMENDMENT BY COURT ACTION.

55-3009. DURATION — AMENDMENT BY COURT ACTION. (1) An environmental covenant is perpetual unless it is:
(a) By its terms limited to a specific duration or terminated by the occurrence of a specific event;
(b) Terminated by consent pursuant to section 55-3010, Idaho Code;
(c) Terminated pursuant to subsection (2) of this section;
(d) Terminated by foreclosure of an interest that has priority over the environmental covenant; or
(e) Terminated or modified in an eminent domain proceeding, but only if:
(i) The agency that signed the covenant is a party to the proceeding;
(ii) All persons identified in section 55-3010(1) and (2), Idaho Code, are given notice of the pendency of the proceeding; and
(iii) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
(2) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in section 55-3010(1) and (2), Idaho Code, have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency’s determination or its failure to make a determination upon request is subject to review pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.
(3) Except as otherwise provided in subsections (1) and (2) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
History:
[55-3009, added 2006, ch. 15, sec. 1, p. 38.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3010 - AMENDMENT OR TERMINATION BY CONSENT.

55-3010. AMENDMENT OR TERMINATION BY CONSENT. (1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(a) The agency;
(b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;
(c) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(d) Except as otherwise provided in subsection (4)(b) of this section, the holder.
(2) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(4) Except as otherwise provided in an environmental covenant:
(a) A holder may not assign its interest without consent of the other parties;
(b) A holder may be removed and replaced by agreement of the other parties specified in subsection (1) of this section; and
(c) A court of competent jurisdiction may fill a vacancy in the position of holder.
History:
[55-3010, added 2006, ch. 15, sec. 1, p. 39.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3011 - ENFORCEMENT OF ENVIRONMENTAL COVENANT.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3012 - REGISTRY — SUBSTITUTE NOTICE.

55-3012. REGISTRY — SUBSTITUTE NOTICE. (1) The Idaho department of environmental quality shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the department of environmental quality considers appropriate. The registry is a public record.
(2) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established and maintained pursuant to subsection (1) of this section, a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:
(a) A legally sufficient description and any available street address of the real property subject to the covenant;
(b) The name and address of the owner of the fee simple interest in the real property, the agency, and the holder if other than the agency;
(c) A statement that the covenant, amendment, or termination is available in a registry at the department of environmental quality, which discloses the method of any electronic access; and
(d) A statement that the notice is notification of an environmental covenant executed pursuant to this chapter.
(3) A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection (2) of this section:
"1. This notice is filed in the land records of the (political subdivision) of (insert name of jurisdiction in which the real property is located) pursuant to section 55-3012, Idaho Code.
2. This notice and the covenant, amendment or termination to which it refers may impose significant obligations with respect to the property described below.
3. A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is (insert address of property) (not available).
4. The name and address of the owner of the fee simple interest in the real property on the date of this notice is (insert name of current owner of the property and the owner’s current address as shown on the tax records of the jurisdiction in which the property is located).
5. The environmental covenant, amendment or termination was signed by (insert name and address of the agency).
6. The environmental covenant, amendment or termination was filed in the registry on (insert date of filing).
7. The full text of the covenant, amendment or termination and any other information required by the agency is on file and available for inspection and copying in the registry maintained for that purpose by the Idaho department of environmental quality.".
History:
[55-3012, added 2006, ch. 15, sec. 1, p. 39.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3013 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

55-3013. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
[55-3013, added 2006, ch. 15, sec. 1, p. 40.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3014 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

55-3014. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. section 7001 et seq.) but does not modify, limit, or supersede section 101 of that act (15 U.S.C. section 7001(a)) or authorize electronic delivery of any of the notices described in section 103 of that act (15 U.S.C. section 7003(b)).
History:
[55-3014, added 2006, ch. 15, sec. 1, p. 40.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 30 - UNIFORM ENVIRONMENTAL COVENANTS ACT › Section 55-3015 - SEVERABILITY.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 31 - PROHIBITION OF TRANSFER FEE COVENANTS › Section 55-3101 - LEGISLATIVE FINDINGS.

55-3101. LEGISLATIVE FINDINGS. (1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property.
(2) A transfer fee covenant violates the public policy of this state by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the covenant or the amount of the transfer fee set forth in the covenant.
History:
[55-3101, added 2011, ch. 107, sec. 1, p. 273.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 31 - PROHIBITION OF TRANSFER FEE COVENANTS › Section 55-3103 - REAL ESTATE TRANSFER FEES UNLAWFUL.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3201 - SHORT TITLE.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3202 - LEGISLATIVE INTENT.

55-3202. LEGISLATIVE INTENT. An increasing number of Idahoans reside within homeowner’s associations. To protect the rights of current and subsequent property owners within a homeowner’s association, it is the intent of the legislature to ensure the transparent operation and inclusive management of these associations, balancing the rights of all owners within homeowner’s associations to promote harmony and respect for community standards and to protect the rights of individuals and neighbors in the community.
History:
[55-3202, added 2022, ch. 323, sec. 4, p. 1039.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3203 - DEFINITIONS.

55-3203. DEFINITIONS. As used in this chapter:
(1) "Board" means the entity that has the duty of governing the homeowner’s association and may be referred to as a board of directors, executive board, or any other such similar name.
(2) "Financial disclosure" means the accounting records of the organization that are kept, disclosed, and made available for inspection in accordance with part 11, chapter 30, title 30, Idaho Code, and the governing documents of the homeowner’s association.
(3) "Governing documents" means a written instrument by which the homeowner’s association may exercise powers or manage, maintain, or otherwise affect the property under the jurisdiction of the homeowner’s association. "Governing documents" includes but is not limited to articles of incorporation, bylaws, a plat, rules of the homeowner’s association, and any declaration of covenants, conditions, and restrictions.
(4) "Homeowner’s association" means any incorporated or unincorporated association:
(a) In which membership is based upon owning or possessing an interest in real property; and
(b) That has the authority, pursuant to recorded covenants, bylaws, or other governing documents, to assess and record liens against the real property of its members.
(5) "Member" or "membership" means any person or entity owning or possessing an interest in residential real property or a lot within the physical boundaries of an established homeowner’s association.
History:
[55-3203, added 2022, ch. 323, sec. 4, p. 1039.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3205 - DISCLOSURE OF FEES AND FINANCIAL DISCLOSURES.

55-3205. DISCLOSURE OF FEES AND FINANCIAL DISCLOSURES. (1) A homeowner’s association or its agent must provide a member and the member’s agent, if any, a statement of the member’s account no more than five (5) 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. The statement of account must include, at a minimum, the amount of annual charges against the property, the date when said amounts are due, and any unpaid assessments or other charges due and owing from such member at the time of the request. The homeowner’s association will be bound by the amounts set forth within the statement of account. Charging a fee for any statement of the member’s account required by this section is a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(2) On or before January 1 of each year, a homeowner’s association or its agent must provide its members a disclosure of fees that will be charged to a member in connection with any transfer of ownership of his property. Fees imposed by a homeowner’s association for the calendar year following the disclosure of fees may not exceed the amount set forth on the annual disclosure, and no surcharge or additional fees may be charged to any member in connection with any transfer of ownership of his property.
(3) A homeowner’s association or its agent must provide a member and the member’s agent, if any, an up-to-date 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 must provide all members of the organization, and the member’s agent, if any, with an up-to-date and reconciled financial disclosure for the fiscal year.
History:
[55-3205, added 2022, ch. 323, sec. 4, p. 1041; am. 2023, ch. 247, sec. 2, p. 764.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3206 - VIOLATIONS — DUE PROCESS AND NOTICE — LIMITATION ON FINES — ATTORNEY’S FEES.

55-3206. VIOLATIONS — DUE PROCESS AND NOTICE — LIMITATION ON FINES — ATTORNEY’S FEES. (1) No fine may be imposed for a violation of the covenants and restrictions pursuant to the rules or regulations of a homeowner’s association unless the authority to impose a fine is clearly set forth in the covenants and restrictions. A majority vote by the board is required before any fine may be imposed on a member for a violation of any covenants and restrictions pursuant to the rules and regulations of the homeowner’s association. Written notice must be provided to the member at least thirty (30) days prior to a meeting at which a vote to impose a fine on the member is to be held. Service of the notice must be by personal service or certified mail.
(2) In the event the member begins resolving the violation prior to a meeting held pursuant to subsection (1) of this section, no fine may be imposed as long as the member continues to address the violation in good faith until fully resolved.
(3) No portion of any fine may be used to increase the remuneration of any board member or agent of the board.
(4) Except as may otherwise be provided in this subsection, nothing in this section is intended to affect any statute, rule, covenant, bylaw, provision, or clause that may allow for the recovery of attorney’s fees. Attorney’s fees and costs may not accrue or be assessed or collected by the homeowner’s association until the homeowner’s association has complied with the requirements of this section and the member has failed to address the violation as set forth in subsection (2) of this section. A court of competent jurisdiction may determine the reasonableness of attorney’s fees and costs assessed against a member. In an action to determine the reasonableness of attorney’s fees and costs assessed by the homeowner’s association against a member, the court may award reasonable attorney’s fees and costs to the prevailing party.
History:
[55-3206, added 2022, ch. 323, sec. 4, p. 1042.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3207 - HOMEOWNER’S ASSOCIATION LIENS.

55-3207. HOMEOWNER’S ASSOCIATION LIENS. (1) A homeowner’s association may levy an assessment against a lot for the reasonable costs incurred in the maintenance of common areas consisting of real property owned and maintained by the homeowner’s association.
(2)(a) A homeowner’s association claiming a lien under subsection (1) of this section must file a claim in the county in which the lot or some part thereof is located. The claim must contain:
(i) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;
(ii) The name of the lot owner, or reputed owner, if known;
(iii) The name of the homeowner’s association; and
(iv) A description, sufficient for identification, of the property to be charged with the lien.
(b) When a claim has been filed and recorded pursuant to this section and the owner of the lot subject to the claim thereafter fails to pay any assessment chargeable to such lot, then as long as the original or any subsequent unpaid assessment remains unpaid, such claim shall automatically accumulate the subsequent unpaid assessments without the necessity of further filings under this section.
(c) The claim must be verified by the oath of an individual having knowledge of the facts and must be recorded by the county recorder. The record will be indexed as other liens are required by law to be indexed.
(d) Within five (5) business days after recording a lien on the property, the homeowner’s association shall serve, by personal delivery to the owner or reputed owner or by certified mail to the last known address of the owner or reputed owner, a true and correct copy of the recorded lien.
(3) The lien may be enforced by the board acting on behalf of the homeowner’s association.
(4) This section does not prohibit a homeowner’s association from pursuing an action to recover sums for which subsection (1) of this section creates a lien or from taking a deed in lieu of foreclosure in satisfaction of the lien.
(5) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the claim for unpaid assessments. However, recovery on the action operates to satisfy the lien, or the portion thereof, for which recovery is made.
History:
[55-3207, added 2022, ch. 323, sec. 4, p. 1042.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3208 - SOLAR PANELS.

55-3208. SOLAR PANELS. (1) No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits the installation of solar panels or solar collectors on the rooftop of any property or structure within the jurisdiction of the homeowner’s association. A homeowner’s association may, however, determine the specific location where solar panels or solar collectors may be installed on the roof as long as installation is permitted with an orientation to the south or within forty-five (45) degrees east or west of due south.
(2) A homeowner’s association may adopt reasonable rules for the installation of solar panels or solar collectors consistent with an applicable building code or to require that panels or collectors be parallel to a roofline, conform to the slope of a roof, and that any frame, support bracket, or visible piping or wiring be painted to coordinate with the roofing material. The provisions of this subsection shall apply only to rooftops that are owned, controlled, and maintained by the homeowner.
History:
[55-3208, added 2022, ch. 323, sec. 4, p. 1043.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3209 - POLITICAL SIGNS.

55-3209. POLITICAL SIGNS. (1) Except as otherwise provided in this section, no homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of a political sign.
(2) A homeowner’s association may adopt reasonable rules, subject to any applicable laws or ordinances, regarding the time, size, place, number, and manner of display of political signs.
(3) A homeowner’s association may remove a political sign without liability if the sign:
(a) Is placed within the common areas, including limited common areas, other property or improvements owned or maintained by the homeowner’s association, or property owned in common by the members of the homeowner’s association;
(b) Threatens the public health or safety;
(c) Violates an applicable law or ordinance; or
(d) Is accompanied by sound or music or if any other materials are attached to the political sign.
(4) Except as provided in subsection (3) of this section, a homeowner’s association shall not remove a political sign from the property of a member or impose any fine or penalty upon the member unless it has first provided the member three (3) days’ written notice that specifically identifies the rule and the nature of the violation.
(5) For the purpose of this chapter, "political sign" means any fixed, ground-mounted display in support of or in opposition to a candidate for office or a ballot measure.
History:
[55-3209, added 2022, ch. 323, sec. 4, p. 1043.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3210 - FLAGS.

55-3210. FLAGS. (1) No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of:
(a) The flag of the United States of America;
(b) The flag of the state of Idaho;
(c) The POW/MIA flag; or
(d) An official or replica flag of any branch of the United States armed forces.
(2) A homeowner’s association may adopt reasonable rules, subject to applicable laws or ordinances:
(a) That require:
(i) The flag of the United States of America and the flag of the state of Idaho to be displayed in accordance with 4 U.S.C. 5 et seq.;
(ii) A flagpole attached to a dwelling or a freestanding flagpole to be constructed of permanent, long-lasting materials with a finish appropriate to the materials used in the construction of the flagpole and harmonious to the dwelling;
(iii) The display of a flag, or the location and construction of the supporting flagpole, to comply with applicable zoning ordinances, easements, and setbacks of record; and
(iv) That a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed;
(b) That regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one (1) flagpole per property that:
(i) Is not more than twenty (20) feet in height and, subject to applicable zoning ordinances, easements, and setbacks of record, is located in the front yard of the property; or
(ii) Is attached to any portion of a residential structure owned by the member and not maintained by the homeowner’s association;
(c) That govern the size of a displayed flag;
(d) That regulate the size, location, and intensity of any lights used to illuminate a displayed flag;
(e) That impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or
(f) That prohibit a member from locating a displayed flag or flagpole on property that is:
(i) A common area, including a limited common area;
(ii) Owned or maintained by the homeowner’s association; or
(iii) Owned in common by the members of the association.
(3) A member who has a front yard and who otherwise complies with any permitted homeowner’s association regulation may elect to install a flagpole in accordance with subsection (2)(b) of this section.
(4) A homeowner’s association may not remove a flag permitted by subsection (1) of this section from the property of a member or impose any fine or penalty upon the member unless it has first provided the member three (3) days’ written notice that specifically identifies the rule and the nature of the violation.
History:
[55-3210, added 2022, ch. 323, sec. 4, p. 1044.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3211 - PROHIBITED CONDUCT — RENTAL RESTRICTIONS.

55-3211. PROHIBITED CONDUCT — RENTAL RESTRICTIONS. No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits the rental, for any amount of time, of any property, land, or structure thereon within the jurisdiction of the homeowner’s association, unless expressly agreed to in writing at the time of such addition or amendment by the owner of the affected property. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting a property owner’s right to transfer his interest in land or the structures thereon as long as that covenant, condition, or restriction applied to the property at the time the homeowner acquired his interest in the property.
History:
[55-3211, added 2022, ch. 323, sec. 4, p. 1045.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 32 - HOMEOWNER’S ASSOCIATION ACT › Section 55-3212 - INTERNAL ACCESSORY DWELLING UNITS.

55-3212. INTERNAL ACCESSORY DWELLING UNITS. (1) No covenant, condition, or restriction may be added, amended, or enforced by a homeowner’s association or any other parties in such a way that strictly prohibits internal accessory dwelling units, as defined in subsection (3) of this section. The provisions of this section shall not be construed to protect more than one (1) internal accessory dwelling unit per homestead.
(2) Notwithstanding the prohibitions provided in subsection (1) of this section, a homeowner’s association may adopt reasonable rules governing the use of internal accessory dwelling units otherwise allowed by law, including but not limited to size limits, height limits, setback requirements, open space requirements, parking controls, and bedroom requirements.
(3)(a) An "internal accessory dwelling unit" means a self-contained living unit that:
(i) Includes its own cooking, sleeping, and sanitation facilities;
(ii) Is located within a detached, owner-occupied homestead, as defined in section 63-701, Idaho Code, or such homestead’s attached or detached garage; and
(iii) Is used for the purpose of housing relatives of the owner of the homestead or for the purpose of renting to a residential tenant for a period exceeding thirty (30) days.
(b) An internal accessory dwelling unit does not include an alternative detached structure, motor home, camper, recreational vehicle, tiny home on wheels, or other such similar dwellings on wheels.
(4) Nothing in this section shall be construed to restrict a homeowner’s association from adopting a less restrictive definition of accessory dwelling units.
(5) The provisions of this section do not apply to any rentals defined in section 63-1803(4), Idaho Code.
History:
[55-3212, added 2023, ch. 265, sec. 1, p. 792.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Section 56-116 - NURSING FACILITY PAYMENT METHODOLOGY.

56-116. NURSING FACILITY PAYMENT METHODOLOGY. The department shall work with Idaho nursing facility providers to establish a new prospective payment method for nursing facilities to replace existing reimbursement methods. Payments to nursing facilities under this method shall take into account patient needs, facility quality of care, reasonable cost principles, and state budget limitations. Budgets for nursing facility payments shall be subject to prospective legislative approval. The new payment methodology shall be implemented effective July 1, 2021.
History:
[56-116, added 2020, ch. 35, sec. 1, p. 70.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part A - GENERAL PROVISIONS › Section 56-104 - RECAPTURE OF DEPRECIATION.

56-104. RECAPTURE OF DEPRECIATION. (a) Where depreciable assets that were reimbursed based on cost and were used in the medicaid program subsequent to January 1, 1982, and for which depreciation has been reimbursed by the director, are sold for an amount in excess of their net book value, depreciation so reimbursed shall be recaptured from the buyer of the facility in an amount equal to reimbursed depreciation or gain on the sale, whichever is less. Depreciation shall be recaptured in full if a sale of a depreciated facility takes place within the first five (5) years of seller’s ownership after January 1, 1982.
(b) Depreciation shall be recaptured by the director from the buyer of the facility over a period of time not to exceed five (5) years from the date of sale, with not less than one-fifth (1/5) of the total amount being recaptured for each year after such date.
(c) Leases of facilities entered into on or after the effective date of this subsection shall be reimbursed in the same manner as an owned asset, with recapture of depreciation being effected against the buyer of the facility in the case where the facility’s assets are sold by the lessor of the facility. Leases in existence prior to the effective date of this subsection shall be reimbursed at the rate established prior to such date for each such lease. Renegotiated leases shall be reimbursed at established rates, plus a reasonable annual increase.
History:
[56-104, added 1981, ch. 159, sec. 1, p. 273; am. 1985, ch. 128, sec. 2, p. 315; am. 1986, ch. 87, sec. 2, p. 253.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part B - FREE-STANDING SKILLED CARE AND INTERMEDIATE CARE FACILITIES › Section 56-114 - FREESTANDING SPECIAL CARE FACILITIES.

56-114. FREESTANDING SPECIAL CARE FACILITIES. For a freestanding special care facility which seeks to contract for the first time to provide medicaid services to recipients, the director shall determine payment for such facility as specified in rule.
History:
[56-114, added 1988, ch. 155, sec. 2, p. 282; am. 1999, ch. 82, sec. 5, p. 276.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part B - FREE-STANDING SKILLED CARE AND INTERMEDIATE CARE FACILITIES › Section 56-117 - PAYMENT OF SPECIAL RATES.

56-117. PAYMENT OF SPECIAL RATES. The director shall have authority to pay facilities at special rates for care given to patients who have long-term care needs not adequately reflected in the rates calculated pursuant to the principles set forth in section 56-265, Idaho Code. The payment for such specialized care will be in addition to any payments made in accordance with other provisions of this chapter. The incremental cost to a facility that exceeds the rate for services provided pursuant to the provisions of section 56-265, Idaho Code, will be excluded from the computation of payments or rates under other provisions of this chapter. Until the facility applies for a special rate, patients with such needs will be included in the computation of the facility’s rates following the principles described in section 265 [56-265], Idaho Code.
History:
[56-117, added 1989, ch. 362, sec. 2, p. 908; am. 1999, ch. 82, sec. 6, p. 276; am. 2011, ch. 164, sec. 5, p. 466.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part B - FREE-STANDING SKILLED CARE AND INTERMEDIATE CARE FACILITIES › Section 56-118 - REIMBURSEMENT RATES.

56-118. REIMBURSEMENT RATES. (1) The department shall implement a methodology for reviewing and determining reimbursement rates to private businesses providing developmental disability agency services, mental health services, service coordination and case management services and residential habilitation agency services by rule.
(2) In addition to any policy or federal statutory requirements, such methodology shall incorporate, at a minimum, the actual cost of providing quality services, including personnel and total operating expenses, directly related to providing such services which shall be provided by the private business entities.
(3) The results of this review and analysis do not guarantee a change in reimbursement rates, but shall be a fair and equitable process for establishing and reviewing such rates.
History:
[56-118, added 2005, ch. 86, sec. 1, p. 304; am. 2011, ch. 164, sec. 6, p. 467.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part C - HOSPITAL-BASED FACILITIES › Section 56-120 - PROPERTY REIMBURSEMENT FOR HOSPITAL-BASED SKILLED NURSING FACILITIES.

56-120. PROPERTY REIMBURSEMENT FOR HOSPITAL-BASED SKILLED NURSING FACILITIES. In addition to the basic payment per patient-day of care, each hospital-based nursing facility shall be paid on a prospective basis its actual property and utility costs per patient-day, to be determined by dividing its total projected property and utility costs, as calculated from the cost report selected for rate setting, by the total number of patient-days from the same cost reporting period.
History:
[56-120, added 1981, ch. 159, sec. 1, p. 277; am. 1984, ch. 118, sec. 6, p. 269; am. 1985, ch. 128, sec. 9, p. 321; am. 1999, ch. 82, sec. 7, p. 277; am. 2000, ch. 274, sec. 147, p. 881.]
2023 Idaho Code › Title 56 - PUBLIC ASSISTANCE AND WELFARE › Chapter 1 - PAYMENT FOR SKILLED AND INTERMEDIATE SERVICES › Part D - MISCELLANEOUS › Section 56-131 - MULTIPLE-USE PLANS.

56-131. MULTIPLE-USE PLANS. The director shall promulgate such rules, as the director deems advisable to enable and encourage facilities to adopt plans for offering additional services or programs within their institutions which will promote appropriate levels of care for recipients residing in their service areas and, as a result, achieve cost savings for the medicaid program. In developing such rules, the director shall consult with representatives of freestanding skilled care, freestanding intermediate care, freestanding special care, and hospital-based facilities.
History:
[56-131, added 1981, ch. 159, sec. 1, p. 279; am. 1988, ch. 155, sec. 3, p. 282; am. 1999, ch. 82, sec. 8, p. 278.]