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 owners decide to amend terms of their governing documents to restrict rental of private property. This situation was recently addressed by the Idaho Supreme Court in Adams v. Kimberley One Townhouse Owner’s Association, Inc. The Kimberley One decision provides new guidance and clarity in this area to homeowner associations in Idaho that wish to amend their covenants.     Read the article………….


Related Articles

Privity, Shmivity, Says The California Supreme Court – A Provision To Arbitrate Construction Disputes In Recorded CC&Rs Will Be Honored If Not Unreasonable

Arbitration is a matter of consent, right? Because there can be no meaningful consent between a developer that drafts covenants,

Purchasers of Condominiums in San Diego’s Mixed Use Hard Rock Hotel May Not Sue for Securities Violations

The Court of Appeal recently came down with a decision regarding a lawsuit filed by several condominium owners who bought

Pending N.J. Bill Could Affect Brick Homeowner Associations’ Governance

Local officials have pledged to fight a bill pending in the New Jersey legislature that would lead to a state