Fines by HOA's

Under Idaho law, is it legal for a homeowner's association to fine an owner for a violation of the CCR's or rules and regulations?

Yes, but only if:

  1. The CC&Rs clearly provide the HOA the power to fine; 
     
  2. A notice of a director's meeting is hand delivered to the owner or sent via certified mail at least 30 days before the meeting; and
     
  3. A majority of the HOA directors vote for the fine at the director's meeting.

Each of these requirements must be met or the fine violates the law. In addition, if during the 30 days before the meeting, the owner takes steps to fix the problem, a fine may not be levied. As long as the owner tries in good faith to cure the violation, the HOA has to wait to levy the fine.

Check out Idaho Code Section 55-115 to read the statute that governs HOA fines.