ID Legislative Action

April 28, 2016 | By: Jeremy Evans

Idaho is a great place to live.   More and more Idahoans are choosing to live in homeowner associations and condominium associations. Idaho’s law needs to recognize this and to facilitate the effective operation of these associations.

It is time for homeowner associations and condominium owner associations in Idaho to stand up and have our voices heard. Those of us who work with associations know that they do important work preserving property values and standards for thousands upon thousands of Idaho homeowners. However, there is nobody explaining or publicizing this work in the public arena at large.   No one is educating our politicians. As a result, a few individuals with axes to grind have had undue influence over public discourse and perception. As a result, we have seen laws adopted in Idaho that blindly restrict associations without consideration for how they work or the value they provide.

The adoption of I.C. § 55-115 was the first warning shot. This year, 55-115 was amended twice: once to limit rental amendments, and once to restrict attorney fees.   Each of these laws adds to the cost of effectively running an association in Idaho.

While these knee-jerk reactions may or may not survive court challenges, the pattern is clear. Idaho’s elected leaders are willing to pass a law to appease one angry owner without considering the effects the law will have on associations representing thousands upon thousands of satisfied Idaho homeowners and voters. They see the benefits of appeasing one loud voice but do not see the harm to the silent majority.

Right now we at Vial Fotheringham, with other professionals and volunteers are organizing a politically oriented pro-HOA group for Idaho. We will make sure that politicians in Idaho are educated about the value associations provide to their owners.   We will make friends in the legislative and executive branches. We will attempt to overturn unconstitutional and unfair laws and propose new laws that will enhance and improve the operation of associations in Idaho.

Please contact our office and let us know that you would like to participate.