A year on, Idaho's declarant-turnover law still reaches only HOAs formed after July 2025
A year on, Idaho's declarant-turnover law still reaches only HOAs formed after July 2025
2026-09-01 · Idaho · Compliance
What happened. Idaho's declarant-control statute passed its first anniversary on 1 July 2026. House Bill 361 was signed 28 March 2025, became Chapter 204 of the 2025 Session Laws, and took effect 1 July 2025 after passing the House 66-0 and the Senate 35-0.1
Its two new sections, Idaho Code §§ 55-3204A and 55-3204B, are frequently described as Idaho's answer to builder-controlled boards. That is right as far as it goes. What gets dropped from the summaries is the first eleven words of § 55-3204A, and they decide who the statute reaches:
- Idaho Code § 55-3204A, opening wordsFor any homeowner's association formed after July 1, 2025, the following provisions shall apply…2
Idaho has had community associations since long before 2025. Every one of them sits outside these sections.
What the turnover triggers require
For a covered association, § 55-3204A permits the governing documents to authorise declarant control — the declarant may appoint and remove board members, except that owner-elected members may not be removed by the declarant — and then imposes two dated obligations:
- The 75% trigger. Once 75% of lots have been conveyed to owners other than the declarant, at least one-third of board positions must be offered for election by non-declarant owners within 180 days.
- The 95% trigger. When 95% of the development is occupied, the declarant must begin turning over full control and must complete the process within twelve months.
Subsection (2) is a limit worth noting: these provisions govern the transfer of board control only, and a declarant retains architectural review authority during the control period unless the declaration says otherwise.
Subsection (3) supplies the remedy. An adversely affected owner may seek injunctive relief if the declarant fails to comply, after thirty days' written notice.
Keep reading with the Idaho State Pass
The rest of this analysis — what an association can actually do, the recent bills and rulings, and how Idaho compares nationally — is for subscribers. $49/month for every Idaho topic on HOA Weekly.
$49/month, $449/year, or a $19.99 day pass.
What you unlock
- The board-composition and proxy rules
- What this means in practice, a year in
- What boards, declarants and buyers should do
and 1 more section in detail
Already a subscriber? Sign in
Recurring monthly subscription · Cancel anytime · Need help?
Related Idaho HOA Topics
- H.B. 361, 2025 Reg. Sess. — bill status, votes, signing date and Chapter 204 (Idaho State Legislature) ↩
- Idaho Code § 55-3204A, declarant control and turnover (added 2025, ch. 204, sec. 3, p. 927) ↩
- Idaho Code § 55-3204B, restrictions on board membership and proxy votes (added 2025, ch. 204, sec. 4, p. 927) ↩
- H.B. 963, 2026 Reg. Sess. — the § 55-3204 rewrite that died in committee ↩
Stay on top of Idaho HOA law
Every week: new Idaho legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.
No spam. Unsubscribe anytime.