Bonner County, ID HOA Rules: Board Governance (2026)
Key Facts
- Governing section
- Bonner County Revised Code § 12-256, subsections B and C
- Required body
- Homeowners' association and/or corporate ownership
- Association duty
- Development, use and permanent maintenance of common facilities
- Recording
- Articles of incorporation recorded with final plat or final development plans
- Common open space
- At least ten percent (10%) of gross land area
- Approving bodies
- Zoning Commission recommends; Board of County Commissioners hears
Summary
In unincorporated Bonner County, Idaho, every planned unit development must include a homeowners' association and/or corporate ownership responsible for the development, use and permanent maintenance of all common activities and facilities. Articles of incorporation must be recorded with the final plat or final development plans.
B. Owners' Association: A PUD shall include a homeowners' association and/ or corporate ownership, which shall be responsible for the development, use and permanent maintenance of all common activities and facilities. C. Covenants, Articles Of Incorporation: Articles of incorporation for the homeowners' association or corporate entity governing the PUD shall be recorded with the final plat of any PUD subdivision or final development plans. The covenants, conditions and restrictions shall be sufficient to enforce development requirements and responsibilities of the homeowners' association and/or ownership.
Full Breakdown
The governance rule for planned unit developments is in § 12-256 of the Bonner County Revised Code, the design standards section for PUDs. Approval of a development plan by the Zoning Commission includes these performance standards, and the section says they can be in addition to and can vary from the minimum standards of Title 12.
Subsection B, Owners' Association, sets the core mandate: a PUD shall include a homeowners' association and/or corporate ownership. That body is responsible for the development, use and permanent maintenance of all common activities and facilities. The word permanent matters: the county does not take over upkeep, and the responsibility is written to run with the development rather than end when the developer sells the last lot.
Subsection C, Covenants, Articles Of Incorporation, adds a recording requirement. The articles of incorporation for the homeowners' association or corporate entity governing the PUD must be recorded with the final plat of any PUD subdivision or with the final development plans. The covenants, conditions and restrictions must be sufficient to enforce development requirements and the responsibilities of the homeowners' association and/or ownership. In practice that ties the association's enforcement power to the same recorded documents the Board of County Commissioners relied on when it approved the project.
The association also carries the upkeep of the common open space that subsection A requires. At least ten percent (10%) of the gross land area of a residential PUD must be reserved as common open space, exclusive of streets, parking areas, and utility easements. Because the association is the body responsible for common facilities, that reserved land falls under its maintenance duty.
PUD approval follows the conditional use permit procedures of subchapter 2.2. Under § 12-255 the Zoning Commission considers the proposal and makes its recommendation to the board, which holds its own hearing. Section 12-254 adds that a significant change to an approved large scale PUD, including a change in density, requires a public hearing.
Violations & Fines
Section 12-256 states no separate fine for association failures. A PUD that lacks the required association or recorded articles falls short of its approval standards, and Title 12 violations are a misdemeanor under § 12-132: up to six months in jail, a fine up to $1,000, or both, with each day a separate offense. The Planning Director enforces Title 12 under § 12-130.
Frequently Asked Questions
Does a planned unit development in unincorporated Bonner County need an HOA?
What has to be recorded for the association?
Who maintains the common open space?
Who approves a PUD and its association documents?
Sources & Official References
Other rules in Bonner County
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