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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
708
BY
BUSINESS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
HOMEOWNER'S
ASSOCIATION
ACT;
AMENDING
CHAPTER
32,
TITLE
55,
2
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
55
-
3204C,
IDAHO
CODE,
TO
ES
-
3
TABLISH
PROVISIONS
REGARDING
THE
AUTOMATIC
DISSOLUTION
OF
HOMEOWNER'S
4
ASSOCIATIONS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
5
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Chapter
32,
Title
55,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
55
-
3204C,
Idaho
Code,
and
to
read
as
follows:
10
55
-
3204C.
AUTOMATIC
DISSOLUTION
OF
HOMEOWNER'S
ASSOCIATIONS.
(1)
Any
1
1
homeowner's
association
that
has
been
in
existence
for
ten
(10)
years
or
12
more,
pursuant
to
the
date
of
filing
of
the
articles
of
incorporation,
as
13
of
July
1,
2026,
shall
automatically
dissolve
on
July
1,
2029,
unless
its
14
members
vote
against
such
dissolution
pursuant
to
the
provisions
of
this
15
section.
Any
homeowner's
association
that
has
been
in
existence
for
less
16
than
ten
(10)
years
as
of
July
1,
2026,
or
that
is
created
after
July
1,
2026,
17
shall
automatically
dissolve
after
ten
(10)
years
from
the
date
of
filing
of
18
the
articles
of
incorporation
unless
its
members
vote
against
such
dissolu
-
19
tion
pursuant
to
the
provisions
of
this
section.
20
(2)
A
homeowner's
association
shall
hold
a
meeting
of
its
membership
21
before
the
automatic
dissolution
dates
provided
for
in
subsection
(1)
of
22
this
section
to
provide
an
opportunity
for
its
members
to
vote
against
23
the
automatic
dissolution
of
the
homeowner's
association.
A
homeowner's
24
association
shall
give
notice
to
its
members
of
the
proposed
meeting
in
ac
-
25
cordance
with
the
provisions
of
section
30
-
30
-
505,
Idaho
Code.
The
notice
26
shall
state
that
the
purpose,
or
one
(1)
of
the
purposes,
of
the
meeting
is
27
to
consider
the
automatic
dissolution
of
the
homeowner's
association
and
28
shall
contain
or
be
accompanied
by
a
copy
or
summary
of
a
plan
of
dissolution.
29
Automatic
dissolution
of
a
homeowner's
association
shall
not
occur
if
a
ma
-
30
jority
of
the
eligible
voters
vote
against
such
automatic
dissolution.
31
(3)
Unless
otherwise
provided
for
in
the
declaration
or
governing
doc
-
32
uments,
all
common
property,
including
common
areas,
limited
common
areas,
33
other
property
or
improvements
owned
or
maintained
by
a
homeowner's
associa
-
34
tion,
or
property
owned
in
common
by
the
members
of
a
homeowner's
association
35
shall
remain
dedicated
to
the
common
use
of
the
members
of
the
homeowner's
36
association.
The
plan
of
dissolution
shall
provide
for
the
disposition
of
37
the
assets
of
a
homeowner's
association
by
transfer
to
a
successor
entity,
38
the
lot
owners,
or
a
local
government.
39
(4)
If
members
of
a
homeowner's
association
do
not
vote
against
the
au
-
40
tomatic
dissolution
of
the
homeowner's
association,
the
homeowner's
asso
-
41
ciation
shall
dissolve
pursuant
to
the
plan
of
dissolution.
If
members
of
a
42
2
homeowner's
association
vote
against
the
automatic
dissolution
of
the
home
-
1
owner's
association,
the
homeowner's
association
shall
continue
under
the
2
same
terms.
Homeowner's
associations
shall
automatically
dissolve
ten
(10)
3
years
after
the
date
of
the
first
successful
vote
against
automatic
disso
-
4
lution.
Automatic
dissolution
shall
occur
every
ten
(10)
years
thereafter
5
while
a
homeowner's
association
is
in
existence
unless
and
until
the
members
6
fail
to
vote
against
such
dissolution
and
the
homeowner's
association
is
au
-
7
tomatically
dissolved
as
provided
in
this
section.
8
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
9
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
10
July
1,
2026.
1
1