55-115(5). Homeowner's Association – Prohibited Conduct
(5)(a) 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.
(b) For the purpose of this subsection, "political sign" means any fixed, ground-mounted display in support of or in opposition to a candidate for office or a ballot measure.
(c) 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.
(d) A homeowner's association may remove a political sign without liability if the sign:
(i) Is placed within the common ground;
(ii) Threatens the public health or safety;
(iii) Violates an applicable law or ordinance;
(iv) Is accompanied by sound or music or if any other materials are attached to the political sign.
(e) Except as provided in paragraph (d) of this subsection, a homeowner's association shall not remove a political sign from the property of a homeowner or impose any fine or penalty upon the homeowner unless it has first provided the homeowner three (3) days' written notice that specifically identifies the rule and the nature of the violation.
(6) (a) 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:
(i) The flag of the United States of America;
(ii) The flag of the state of Idaho;
(iii) The POW/MIA flag; or
(iv) An official or replica flag of any branch of the United States armed forces.
[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; am. 2020, ch. 242, sec. 1, p. 708.]