Get the Renters Out!

Homeowner's associations (HOAs) sometimes have a hard time dealing with renters. Renters often don't know about the rules and regulations. Renters sometimes bring with them more traffic. Renters generally don't take care of the property as well as an owner. 

When faced with a number of renters, some HOAs have simply said, "Let's amend our CC&R's to ban rentals in our neighborhood." But, can they?

As of July 1, 2016, if an HOA wants to pass an amendment to the CC&R's banning rentals, the ban will only be enforceable against owners who sign off on the amendment. See Idaho Code Section 55-115(3). Getting this consent is often impossible because the owner renting the property will not sign off on the amendment. 

Some HOAs want to limit rentals by passing rules that essentially make it impossible to rent. But, the same rule applies for amendments that limit the rental of property. This means, HOAs can't amend CC&R's to ban short term rentals, but still allow long term rentals.

In short, Idaho law prohibits HOAs from interfering with the rental of property unless the HOA had the power to ban or limit rentals before July 1, 2016. If it didn't have the power, the owner must sign off on the amendment or it will not be enforceable against that owner.