WeVote
Log In

Bill

Bill

H 361

HOMEOWNER’S ASSOCIATIONS – Amends and adds to existing law to revise provisions regarding definitions and fee and financial disclosures and to establish provisions to provide for a period of declarant control, restrictions on board membership, and proxy votes.

68th Legislature, 1st Regular Session (2025)

House Bill 361 empowers Idaho homeowners by ensuring board representation, enhancing financial transparency, and regulating developer control in homeowners associations.

Reported Signed by Governor on March 28, 2025 Session Law Chapter 204 Effective: 07/01/2025
#associations #homesandhousing #realproperty
0
WeVote Research Nonpartisan
Bill Summary · H 361

Summary of House Bill 361 (H 361)

Overview

House Bill 361, titled "HOMEOWNER’S ASSOCIATIONS," aims to amend and enhance existing laws governing homeowners associations (HOAs) in Idaho. The bill introduces new definitions, establishes a period of declarant control, sets restrictions on board membership, and outlines provisions for proxy voting. The legislation is designed to protect the rights and interests of homeowners within these associations.

Key Provisions

1. Definitions and Clarifications

  • The bill revises existing definitions related to HOAs, including terms such as "board," "community manager," "declarant," and "financial disclosure."
  • It clarifies the roles and responsibilities of the HOA board and the community manager.

2. Declarant Control

  • Establishes a period of declarant control, allowing the declarant (the developer or builder) to appoint and remove board members.
  • Homeowners will gain representation on the board within 180 days after 75% of the lots are sold.
  • Full control of the HOA must be transferred to homeowners within 12 months after 95% of the development is built and occupied.

3. Board Membership Restrictions

  • Only one owner per lot may serve on the HOA board concurrently, except during the declarant control period.
  • Provisions are made to limit the number of proxies one owner can hold to 50% of the total votes in the HOA.

4. Proxy Voting

  • Owners may cast votes through written proxies, adhering to the Idaho nonprofit corporation act.
  • The bill specifies that no individual may serve on the board if they reside in the same household as another board member.

5. Financial Disclosures

  • The bill amends existing laws to enhance transparency regarding fees and financial disclosures, ensuring that members have access to the HOA's financial records.

Impact

  • Homeowners: The legislation aims to empower homeowners by ensuring they have a voice in the governance of their associations and protecting their property rights.
  • Developers: The bill imposes specific timelines and conditions for the transition of control from developers to homeowners, which may affect how future developments are managed.
  • HOAs: The new rules will require HOAs to adjust their governance structures and financial disclosure practices to comply with the updated regulations.

Procedural Timeline

  • Introduced: March 3, 2025
  • Signed by Governor: March 28, 2025
  • Effective Date: July 1, 2025

Fiscal Impact

The fiscal note accompanying the bill indicates that it will not result in additional expenditures or changes in revenue for state or local governments, thus having no fiscal impact.

Conclusion

House Bill 361 represents a significant update to the governance of homeowners associations in Idaho, focusing on enhancing homeowner representation and ensuring transparency in financial matters. The bill's provisions are set to take effect on July 1, 2025, marking a new chapter in the management of residential communities within the state.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.