Idaho law overrides HOA covenants in four protected areas: rooftop solar (Idaho Code § 55-3208), the U.S./Idaho/POW-MIA/military flags (§ 55-3210), and political signs (§ 55-3209). HOAs may impose reasonable time, place, and manner rules but cannot ban these protected uses outright.
Idaho Code § 55-3208 provides that 'No homeowner's association may... prohibit the installation of solar panels or solar collectors on the rooftop,' though it may set location/orientation (south, or within 45° east or west of due south) and reasonable aesthetic rules. Idaho Code § 55-3210 protects display of the U.S. flag, Idaho state flag, POW/MIA flag, and official or replica armed-forces flags; the HOA may regulate flagpole materials, size, number, location, lighting, and require three days' written notice before removal. Idaho Code § 55-3209 bars removing a political sign or fining a member 'unless it has first provided the member three (3) days' written notice'; the HOA may adopt reasonable rules on 'time, size, place, number, and manner' but cannot prohibit political signs altogether.
HOA covenants conflicting with these protections are unenforceable; HOA must give 3 days' written notice before removing a flag or political sign or imposing a related fine.
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