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Neighbor vs. absentee neighbor: the Airbnb wars

Home Owner Associations, or HOAs, have sought to regain control by passing covenants, conditions, and restrictions prohibiting short term rentals. The issue rose to the Idaho Supreme Court in Adams vs. Kimberly One Home Owner’s Association. In Adams, the state’s

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How many unintended consequences can you find in this proposed bill about short-term rentals and HOAs?

Idaho is close to enacting a piece of legislation that purportedly is meant to restrict homeowner’s associations (HOAs) from regulating short-term rentals (STRs), such as Airbnb, but only to those that are new purchasers within HOAs. Well, that is what

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Idaho Supreme Court Revisits CC&R Case, Supports Association Attorneys Fee Award

In 2013, the Idaho Supreme Court reversed a grant of summary judgment in a case brought by the members of a homeowner association against an entity purporting to be the declarant of their community Sky Canyon Props. v. Golf Club

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The sharing economy versus HOA CC&Rs: The battle begins

I was recently made aware of what I believe is the first state supreme court case addressing the relationship between short-term rentals (Airbnb, VRBO, and such) and CC&Rs. Thanks to Bill White, an attorney here in Boise, for sending this

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Wheelchair Ramps

The media has covered cases across the United States involving homeowners associations running into conflict and legal problems over wheelchair ramps. Just this past month, the media featured the Broadnax family who retrofitted their house with a wheelchair ramp in

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Community Upkeep, Maintenance and Avoiding Problems and Emergencies

First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid your projects, sign on behalf of the association, and consult with your general counsel attorney if you are unsure about

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New Idaho HOA Decision From Supreme Court

Although Idaho courts rely on principles of contract construction to interpret covenants, conditions, and restrictions, there are a few instances that highlight the unique nature of these equitable servitudes and covenants appurtenant to title. One such instance arises when the

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How to Build a Community Out of Your HOA

To build a community out of an homeowner’s association, requires constant communication, similar to marketing a product or service. The message may take several attempts through various forms before the recognition kicks in. Therefore, the board’s decisions and actions relevant

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CAI Best Practices: Ethics

Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing”

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Key Factors to Consider Should an HOA Decide to Use a Professional Management Service

The operations of a homeowners association require expertise on many different levels. The management of a homeowner’s association by a handful of people that may change every year or two makes it very difficult for effective and prolonged operations. Different

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Implementing a Maintenance Plan

Regular maintenance of common areas is one of the core responsibilities of a Homeowner Association or Condominium Development. An Association will always need maintenance. In order to maximize the preservation of property values, every Association should be proactive in identifying

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Annual Meetings in Idaho

Idaho law requires homeowners associations that are incorporated as non-profit corporations to hold at least one membership meeting per year. I.C. §30-3-46(1). This meeting is commonly referred to as the annual meeting. Oftentimes, an association holds multiple meetings throughout the

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CAI’s Guide to FHA Certification

The U.S. Department of Housing and Urban Development (HUD) Federal Housing Administration (FHA) plays a major in role in housing finance through its Condominium Mortgage Insurance Program. FHA issued regulatory guidance to set standards condominium associations must meet for a

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FHA Extends Temporary Condo Project Approval Guidelines

On August 29, 2014 the Federal Housing Administration (FHA) announced the extension of its current condominium project approval guidelines for an additional two years. Several of the key project approval guidelines were modified in 2012 to make it easier for

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Other victims of the recession (ID)

The recession hit hard in America as well as here in North Idaho. Not only were families affected by job loss and the resulting foreclosures of their homes, but there were other victims as well. With an inability to make

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Idaho Legislature adopts new restrictions on HOA fines

The Idaho Legislature recently adopted Senate Bill 1310 that places new limits on fines issued by property owners’ associations. The stated purpose of the new law, which will become Idaho Code Section 55-115, is to place “reasonable requirements” on owners’

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Introduction to Community Association Living

Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center

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Governance Guidelines

There are basic expectations that apply to virtually any common-interest community. With this in mind, the Center for Community Association Volunteers developed the Community Association Governance Guidelines – 12 principles that can help association board members increase harmony, reduce conflict

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Rights & Responsibilities for Better Communities

More than a destination at the end of the day, a community is a place people want to call home and where they feel at home. This goal is best achieved when homeowners, non-owner residents and association leaders recognize and

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Community Association Fundamentals

Each common-interest community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. CAI developed the Community Association Fundamentals to foster a better conceptual understanding of how associations function and the roles of

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Model Code of Ethics for Community Association Board Members

This model code of ethics is not meant to address every potential ethical dilemma encountered by a community association board member, but is offered as a basic framework that can be modified and adopted by any common-interest community.    Read

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So Now You’re On the Board

The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant

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