Idaho Legislature Acts on Rental Restrictions
I previously discussed the Idaho Supreme Court’s Adams v. Kimberley One Townhouse decision in two different blog posts (https://lucentlaw.com/ccr-amendment-idaho-supreme-court-favors-hoa-over-homeowner/ and https://lucentlaw.com/hoa-rental-restrictions-are-they-valid/). In short, the Adams decision concluded that HOA covenants could be amended to impose restrictions or prohibitions on short-term rentals by owners through the general process provided in the covenants for enacting amendments. The […]
Washington Uniform Common Interest Ownership Act (WUCIOA)?
This article is written for real estate developers, builders, lawyers, land planners, real estate brokers and other real estate professionals who want to know more about changes in Washington’s owner association and condominium statutes. Introduction On July 1, 2018, major changes to Washington law governing homeowners and condominium owners associations took effect. Representing approximately 12 […]
Can My HOA Restrict Christmas Displays?
Idaho Jury Verdict is a Warning to HOA Boards A couple living in Hayden, Idaho was recently awarded a $75,000 verdict against their HOA after a jury decided the HOA had discriminated against the couple on the basis of religion. In short, the couple holds a multi-day Christmas event on their property each year, featuring […]
HOA Rental Restrictions – Are They Valid?
Idaho’s law has changed significantly since this blog post was first published. Please see [Idaho Legislature Acts on Rental Restrictions] for more information. An ever-increasing percentage of us live in neighborhoods, subdivisions, and PUDs1 that are subject to covenants (also known as “CC&Rs”) that put some restrictions on permitted uses of the homes and properties […]
CC&R Amendment – Idaho Supreme Court Favors HOA Over Homeowner
Idaho’s law has changed significantly since this blog post was first published. Please see [Idaho Legislature Acts on Rental Restrictions] for more information. In June 2015, the Idaho Supreme Court handed down its decision in Adams v. Kimberley One Townhouse. The question before the court was whether the homeowner’s association (“HOA”) validly adopted CC&R amendment prohibiting […]
Condominium Resale Certificate – Washington & Idaho
One of the major reasons that prospective condominium purchasers hesitate to buy is doubt about the finances of the home owners association (“HOA”). This is understandable. After all, if the owners association is underfunded, the buyer could be hit with a big increase in the monthly assessment or a large one time special assessment. So […]