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Solar Easements - Idaho [Title 55 1.55-115]

55-115.  HOMEOWNER’S ASSOCIATION — PROHIBITED CONDUCT. (1) As used in this section:

(a)  "Homeowner’s association" shall have the same meaning as in section 45-810(6), Idaho Code.

(b)  "Board" means the entity that has the duty of governing the association that may be referred to as the board of directors, executive board or any such similar name.\

(c)  "Member" or "membership" means any person or entity owning or possessing an interest in residential real property or lot within the physical boundaries of an established homeowner’s association.

(2)  No fine may be imposed for a violation of the covenants and restrictions pursuant to the rules or regulations of the homeowner’s association unless the authority to impose a fine is clearly set forth in the covenants and restrictions and:

(a)  A majority vote by the board shall be required prior to imposing any fine on a member for a violation of any covenants and restrictions pursuant to the rules and regulations of the homeowner’s association.

(b)  Written notice by personal service or certified mail of the meeting during which such vote is to be taken shall be made to the member at least thirty (30) days prior to the meeting.

(c)  In the event the member begins resolving the violation prior to the meeting, no fine shall be imposed as long as the member continues to address the violation in good faith until fully resolved.

(d)  No portion of any fine may be used to increase the remuneration of any board member or agent of the board.

(e)  No part of this section shall affect any statute, rule, covenant, bylaw, provision or clause that may allow for the recovery of attorney’s fees.

(3)  No homeowner’s association may add, amend or enforce any covenant, condition or restriction in such a way that limits or prohibits the rental, for any amount of time, of any property, land or structure thereon within the jurisdiction of the homeowner’s association, unless expressly agreed to in writing at the time of such addition or amendment by the owner of the affected property. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions or restrictions limiting a property owner’s right to transfer his interest in land or the structures thereon as long as that covenant, condition or restriction applied to the property at the time the homeowner acquired his interest in the property.

(4)  No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits the installation of solar panels or solar collectors on the rooftop of any property or structure thereon within the jurisdiction of the homeowner’s association; provided however, that a homeowner’s association may determine the specific location where solar panels or solar collectors may be installed on the roof as long as installation is permitted within an orientation to the south or within forty-five (45) degrees east or west of due south. A homeowner’s association may adopt reasonable rules for the installation of solar panels or solar collectors consistent with an applicable building code or to require that panels or collectors be parallel to a roof line, conform to the slope of the roof, and that any frame, support bracket, or visible piping or wiring be painted to coordinate with the roofing material. The provisions of this subsection shall apply only to rooftops that are owned, controlled, and maintained by the homeowner.

(5)  Attorney’s fees and costs shall not accrue and shall not be assessed or collected by the homeowner’s association until the homeowner’s association has complied with the requirements of subsection (2) of this section and the member has failed to address the violation as prescribed in subsection (2)(c) of this section. A court of competent jurisdiction may determine the reasonableness of attorney’s fees and costs assessed against a member. In an action to determine the reasonableness of attorney’s fees and costs assessed by the homeowner’s association against a member, the court may award reasonable attorney’s fees and costs to the prevailing party.

History: [55-115, added 2014, ch. 141, sec. 1, p. 385; am. 2016, ch. 209, sec. 1, p. 592; am. 2016, ch. 365, sec. 1, p. 1074; am. 2017, ch. 58, sec. 30, p. 125; am. 2019, ch. 199, sec. 1, p. 616.]

Page update: 9/17/19