Idaho Statewide Rule
Idaho HOA Assessment Liens & Foreclosure (Idaho Code § 55-3207)
Key Facts
- Governing statute
- Idaho Code § 55-3207
- Foreclosure allowed
- Yes: action to recover or deed in lieu permitted
- Lien creation
- Recorded verified claim with county recorder
- Statutory cap
- None: amount set by declaration / governing documents
Summary
Idaho's Homeowner's Association Act lets an HOA levy assessments for common-area maintenance and record a verified lien against a lot. Idaho Code § 55-3207 expressly permits the association to enforce that lien through foreclosure, and once recorded, later unpaid assessments accumulate automatically without re-filing.
55-3207. Homeowner’s association liens. (1) A homeowner’s association may levy an assessment against a lot for the reasonable costs incurred in the maintenance of common areas consisting of real property owned and maintained by the homeowner’s association. (2)(a) A homeowner’s association claiming a lien under subsection (1) of this section must file a claim in the county in which the lot or some part thereof is located. The claim must contain: (i) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets; (ii) The name of the lot owner, or reputed owner, if known; (iii) The name of the homeowner’s association; and (iv) A description, sufficient for identification, of the property to be charged with the lien. (b) When a claim has been filed and recorded pursuant to this section and the owner of the lot subject to the claim thereafter fails to pay any assessment chargeable to such lot, then as long as the original or any subsequent unpaid assessment remains unpaid, such claim shall automatically accumulate the subsequent unpaid assessments without the necessity of further filings under this section. (c) The claim must be verified by the oath of an individual having knowledge of the facts and must be recorded by the county recorder. The record will be indexed as other liens are required by law to be indexed.
Full Breakdown
Idaho Code § 55-3207 authorizes an HOA to 'levy an assessment against a lot for the reasonable costs incurred in the maintenance of common areas.' To create a lien, the association records a claim, stating the amount due, owner, association, and property description, verified by oath with the county recorder. The statute does not bar foreclosure: it states the section does not prohibit the HOA 'from pursuing an action to recover sums for which subsection (1)... creates a lien or from taking a deed in lieu of foreclosure.' The Act sets no statutory dollar cap on assessments or liens; amounts and due dates flow from the recorded declaration, with § 55-3204 requiring assessments be set 'in accordance with the governing documents.'
Violations & Penalties
Recorded, verified lien on the lot; unpaid assessments accumulate automatically once recorded; HOA may pursue a foreclosure action or take a deed in lieu of foreclosure.
Frequently Asked Questions
Can an Idaho HOA foreclose on my home for unpaid assessments?
Is there a dollar limit on Idaho HOA assessments?
Does the HOA have to re-record each year?
Sources
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