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State Land Use Enacted Legislation
| Bill # | State | Year | Party | Topic |
|---|---|---|---|---|
HB 166 |
ID | 2023 | R | Accessory dwelling units regulations, Declare HOA rules void, Homeowner association rules |
Provided by Furman
Summary
- Prohibits homeowner’s associations or other parties from adding, amending, or enforcing any covenant, condition, or restriction to strictly prohibit internal accessory dwelling units.
- A homeowner’s association may adopt reasonable rules governing the use of internal accessory dwelling units otherwise allowed by law. The definition of an internal accessory dwelling unit specifically excludes alternative detached structures, motor homes, campers, recreational vehicles, tiny homes on wheels, or other such similar dwellings on wheels.
- Prohibits any restrictive covenants that prohibit internal accessory dwelling units from being entered into on and after July 1, 2023 (and does not apply to any such restrictive covenant entered into prior to July 1, 2023). Any person attempting to create or enforce such a covenant shall be liable for any attorney’s fees, court costs, and any other damages incurred by the other party. The section only protects one internal accessory dwelling unit per homestead. The act took effect immediately upon its approval on April 3, 2023.
Provided by lawmakers
Bill Title
AN ACT RELATING TO INTERNAL ACCESSORY DWELLING UNITS; AMENDING CHAPTER 32, TITLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-3212, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING INTERNAL ACCESSORY DWELLING UNITS AND HOMEOWNER'S ASSOCIATIONS AND TO DEFINE A TERM; AMENDING CHAPTER 6, TI- TLE 55, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-618, IDAHO CODE, TO PROHIBIT CERTAIN RESTRICTIVE COVENANTS AGAINST INTERNAL ACCESSORY DWELLING UNITS; AND DECLARING AN EMERGENCY.