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Bonner County, ID HOA Rules: Board Governance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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.

These county ordinances apply to unincorporated areas of Bonner County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
Yes. Section 12-256(B) says a PUD shall include a homeowners' association and/or corporate ownership, which is responsible for the development, use and permanent maintenance of all common activities and facilities. The code allows either an association or corporate ownership, but one of them must exist.
What has to be recorded for the association?
Under § 12-256(C), 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 the development requirements and the association's responsibilities.
Who maintains the common open space?
The association or corporate owner. Section 12-256(A) requires at least ten percent (10%) of a residential PUD's gross land area as common open space, and subsection B makes the association responsible for permanent maintenance of all common activities and facilities, which covers that reserved land.
Who approves a PUD and its association documents?
The Zoning Commission considers the PUD proposal and makes its recommendation to the Board of County Commissioners, which conducts its own hearing, as § 12-255 provides. The conditional use permit procedures of subchapter 2.2 apply except where Title 12 says otherwise.

Sources & Official References

Other rules in Bonner County

All Bonner County rules

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