Condominium Property Act
Idaho · Property in General · §§ 55-1501 to 55-1528 · 28 sections
Overview
The act creates condominium ownership as a recognized form of holding real property, under which a development is divided into separately owned units together with undivided interests in the common areas shared by all unit owners. It operates chiefly through recorded instruments — a declaration, a plat or plan fixing each unit's boundaries and legal description, and bylaws — with recordation also required to modify or amend them, and it vests day-to-day administration in a management body that can act for the owners collectively, hold property, obtain insurance, and be served with process in matters affecting the common areas. Around that structure it supplies the supporting rules: separate taxation of each unit, liens for unpaid assessments and for labor or materials, proportionate allocation of common-area liability among owners, disclosure of account balances and fees on transfer, limits on how zoning and securities regulation apply to such projects, and procedures for partition, sale, or removal of the property from the act's coverage.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 3 court decisions.
Most-cited authority: 106 Idaho 855 - Investors Ltd. of Sun Valley v. Sun Mountain Condominiums, Phase I, Inc. Homeowners Ass'n
Sections covered
- Idaho Code § 55-1501Short title
- Idaho Code § 55-1502Purpose — Public policy
- Idaho Code § 55-1503Definitions
- Idaho Code § 55-1504Requirements to qualify
- Idaho Code § 55-1505Contents of declaration1 cite
- Idaho Code § 55-1506Administration — By-laws — Articles of incorporation — Recordation required to modify or amend
- Idaho Code § 55-1507Contents of bylaws
- Idaho Code § 55-1508Recordation of instruments affecting project
- Idaho Code § 55-1509Grant — Physical boundaries of units — Incidents excluded — Common areas — Decorating rights of owner
- Idaho Code § 55-1510Removal of property from law — Common ownership — Resubmission
- Idaho Code § 55-1511Partition — Sale
- Idaho Code § 55-1512Actions relating to common areas — Persons designated to receive process — New designation filed — Service on auditor — Copy from auditor to management body — Application of corporate law
- Idaho Code § 55-1513Actions by management on behalf of two or more owners
- Idaho Code § 55-1514Separate taxation — Lien — Tax deed1 cite
- Idaho Code § 55-1515Owners proportionately liable for common areas — Remaining balance not prejudiced by settlement — Indemnification1 cite
- Idaho Code § 55-1516Liability of unit owners, tenants, employees — Duties and powers of owners
- Idaho Code § 55-1517Insurance of individual units by management body
- Idaho Code § 55-1518Assessment and other charges a lien — Notice recorded — Payment and release — Priority of liens — Expiration — Extension — Enforcement by sale — Purchase by management body
- Idaho Code § 55-1519Liens for labor, services or materials — Express consent — Emergency repairs — Proportionate payment for removal of lien
- Idaho Code § 55-1520Personal property acquired, held and disposed of by management body — Beneficial interest proportionate — Transfer
- Idaho Code § 55-1521Liberal construction of deeds, declarations or plans for condominium projects
- Idaho Code § 55-1522Rule against perpetuities and unreasonable restraints on alienation inapplicable
- Idaho Code § 55-1523Refusal to approve project or record plat forbidden
- Idaho Code § 55-1524Application of local zoning ordinances
- Idaho Code § 55-1525“Blue Sky Law” inapplicable
- Idaho Code § 55-1526Legal description that designated on plat or in declaration
- Idaho Code § 55-1527Zoning laws applied where not inconsistent
- Idaho Code § 55-1528Statement of account — Disclosure of fees
Enacted in other states
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