Idaho Statewide Rule
Idaho Political Sign Protections in HOA Communities
Key Facts
- Statute
- Idaho Code 55-3209
- Applies to
- HOAs statewide
- Notice before fine
- Three days written
- Sign type covered
- Ground-mounted political
- HOA may regulate
- Time, size, manner
Summary
Idaho Code 55-3209 prevents homeowners associations from prohibiting political sign displays statewide. HOAs may impose only reasonable time, place, and manner rules and must give three days written notice before any enforcement.
55-3209. political signs. (1) Except as otherwise provided in this section, no homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of a political sign. (2) A homeowner’s association may adopt reasonable rules, subject to any applicable laws or ordinances, regarding the time, size, place, number, and manner of display of political signs. (3) A homeowner’s association may remove a political sign without liability if the sign: (a) Is placed within the common areas, including limited common areas, other property or improvements owned or maintained by the homeowner’s association, or property owned in common by the members of the homeowner’s association; (b) Threatens the public health or safety; (c) Violates an applicable law or ordinance; or (d) Is accompanied by sound or music or if any other materials are attached to the political sign. (4) Except as provided in subsection (3) of this section, a homeowner’s association shall not remove a political sign from the property of a member or impose any fine or penalty upon the member unless it has first provided the member three (3) days’ written notice that specifically identifies the rule and the nature of the violation. (5) For the purpose of this chapter, "political sign" means any fixed, ground-mounted display in support of or in opposition to a candidate for office or a ballot measure.
Full Breakdown
Idaho Code 55-3209, part of the Homeowner's Association Act, prohibits any HOA from adopting, amending, or enforcing covenants, conditions, or restrictions that prohibit or have the effect of prohibiting display of political signs. HOAs may adopt reasonable rules regarding time, size, place, number, and manner of display, subject to applicable laws and ordinances. HOAs may remove signs from common areas without liability, but must give three days written notice identifying the rule and violation before removing a sign from a member's property or imposing fines. A political sign is a fixed, ground-mounted display supporting or opposing a candidate or ballot measure.
Violations & Penalties
An HOA that enforces a prohibitive covenant or removes a member's sign without three days written notice may face civil action by the homeowner, including injunctive relief and recovery of attorney's fees.
Frequently Asked Questions
Can my HOA ban political signs in Idaho?
Does this apply to city sign ordinances?
What if my HOA removes my sign?
Sources
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