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Here are six ways to effectively fight with your homeowners, co-op or condo association:Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase.Respond in writing.Don't argue the rule.Know the penalties.
State oversight of homeowner associations is minimal, and it varies from state to state. Some states, such as Florida and California, have a large body of HOA law. Other states, such as Massachusetts, have virtually no HOA law.
HOAs in Idaho cannot impose fines unless it is explicitly stated in the Community Covenants, Conditions, and Restrictions (CC&Rs). All fines must be voted on by the board of directors.
Your HOA board determines fine amounts and whether they're reasonable. Most HOA fines start at around $25 and increase to $50 and $100 if you don't pay or continue to violate the rule.
Under Idaho Code Section 55-115, homeowners' associations are prohibited from adding, amending, or enforcing a restrictive covenant that restricts the rental of any property within the association for any amount of time, unless expressly agreed to in writing by the owner of the property.
Liens and foreclosures If a homeowner fails to pay assessment fees after collection attempts, Idaho law allows the association to place a lien on the home. The HOA may also obtain a court judgment allowing it to sell the home to satisfy the lien even if the house has a current mortgage.
Visit the Idaho Secretary of State to search for an association's corporate status and view the articles of incorporation. Idaho's Condominium Property Act, I.C. §55-1501 et. seq.