Idaho Statewide Rule
Idaho HOA Fines: Due Process & Notice (Idaho Code § 55-3206)
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
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?
Is there a maximum HOA fine in Idaho?
What if I fix the violation after getting notice?
Sources
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