Skip to main content
CityRuleLookup

Idaho Statewide Rule

Idaho HOA Fines: Due Process & Notice (Idaho Code § 55-3206)

Some RestrictionsApplies statewide across Idaho (2026)

Key Facts

Governing statute
Idaho Code § 55-3206
Fine authority
Must be clearly set forth in the CC&Rs
Notice before fine
30 days' written notice + majority board vote
Dollar cap
None specified in statute
Good-faith cure
Bars fine while violation is being resolved
Last verified: August 20, 2026

Summary

Idaho Code § 55-3206 bars any HOA fine unless the authority to fine is 'clearly set forth in the covenants and restrictions.' The board must vote by majority and give at least 30 days' written notice before the vote. There is no statutory dollar cap on the fine itself.

55-3206. VIOLATIONS — due process and notice — limitation on fines — attorney’s fees. (1) No fine may be imposed for a violation of the covenants and restrictions pursuant to the rules or regulations of a homeowner’s association unless the authority to impose a fine is clearly set forth in the covenants and restrictions. A majority vote by the board is required before any fine may be imposed on a member for a violation of any covenants and restrictions pursuant to the rules and regulations of the homeowner’s association. Written notice must be provided to the member at least thirty (30) days prior to a meeting at which a vote to impose a fine on the member is to be held. Service of the notice must be by personal service or certified mail. (2) In the event the member begins resolving the violation prior to a meeting held pursuant to subsection (1) of this section, no fine may be imposed as long as the member continues to address the violation in good faith until fully resolved. (3) No portion of any fine may be used to increase the remuneration of any board member or agent of the board. (4) Except as may otherwise be provided in this subsection, nothing in this section is intended to affect any statute, rule, covenant, bylaw, provision, or clause that may allow for the recovery of attorney’s fees.

Full Breakdown

Under Idaho Code § 55-3206, 'No fine may be imposed for a violation of the covenants and restrictions... unless the authority to impose a fine is clearly set forth in the covenants and restrictions.' Before fining, the board must obtain a majority vote and deliver written notice at least 30 days before the vote, by personal service or certified mail. Critically, if the member 'begins resolving the violation prior to a meeting... no fine may be imposed as long as the member continues to address the violation in good faith until fully resolved.' Attorney's fees may not accrue until the HOA has complied with the section and the member has failed to cure. The statute sets no maximum dollar amount.

Violations & Penalties

Fine only after 30-day written notice and majority board vote; no fine if member is curing in good faith; attorney's fees only after statutory compliance and failure to cure.

Frequently Asked Questions

Can an Idaho HOA fine me without warning?
No. Idaho Code § 55-3206 requires written notice at least 30 days before the board's majority vote, served personally or by certified mail, and the fine authority must already be 'clearly set forth' in the CC&Rs.
Is there a maximum HOA fine in Idaho?
The statute sets no dollar cap. The limit, if any, comes from the recorded covenants. The real protection is procedural: notice, a board vote, and a good-faith-cure safe harbor.
What if I fix the violation after getting notice?
Under § 55-3206, if you begin resolving the violation before the board meeting and keep addressing it in good faith until resolved, no fine may be imposed.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.