Idaho law · Idaho Homeowner's Association Act

Idaho Code § 55-3206

Violations — Due Process and Notice — Limitation on Fines — Attorney's Fees

Covered in 2 owner guides

What this section does for you

Requires that fine authority be clearly set forth in the covenants, a majority board vote, and 30 days' written notice by personal service or certified mail before the vote; bars a fine while the owner is curing in good faith, and gates attorney's fees behind compliance.
Owner guide: Fines & violations in Idaho
Ties any HOA fine to covenant authority that's clearly set forth, a majority board vote, and 30 days' notice, a framework that arbitrary or inconsistent enforcement strains.
Owner guide: Selective enforcement in Idaho

The statutory text

Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.

(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.