Idaho Code

Idaho Code § 55-3211 (2026)

prohibited conduct — rental restrictions.

✓ current as of May 2026

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prohibited conduct — rental restrictions.

No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits the rental, for any amount of time, of any property, land, or structure thereon within the jurisdiction of the homeowner’s association, unless expressly agreed to in writing at the time of such addition or amendment by the owner of the affected property. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting a property owner’s right to transfer his interest in land or the structures thereon as long as that covenant, condition, or restriction applied to the property at the time the homeowner acquired his interest in the property.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2023–2026 · leading case: Idaho Lots, LLC v. Brim (Idaho Ct. App. 2023).

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Idaho Lots, LLC v. Brim (Idaho Ct. App. 2023). · cites it 34× “Effective July 1, 2022, however, this provision was recodified as I.C. § 55-3211. 2 Lots “has the right to enforce the [c]ovenants against Brim as a third party beneficiary” and enjoining Brim from violating the covenants in the future.”

North Henry's Lake v. Norton (Idaho 2026). · cites it 32× “I.C. § 55-3211. The HOA contends the district court misinterpreted section 55-3211 to exempt the Property from the short-term rental restriction that was added to the CCRs in 2016.”

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