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Can I Have a Green Mailbox? Issues with Covenants, Conditions, and Restrictions on Uses of Land

Coeur d’Alene, Idaho, October 3, 2017. If you own residential or commercial land, you’ve probably seen Covenants, Conditions, and Restrictions (“CC&Rs”). Many landowners encounter CC&Rs when they purchase a home in a planned neighborhood overseen by a homeowner’s association (“HOA”). There are hundreds of HOAs in Kootenai County alone. Therefore, homebuyers should know both what…

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Enforcement of Homeowners’ Association Rules and Restrictions

Author: Brooks Schott, Law Clerk Reviewer: Art Macomber, Managing Attorney at Macomber Law, PLLC Date: September 26, 2017 Recent changes to the Idaho real property statutes in Idaho Code section 55-115 limit a homeowner association[i] board’s ability to use fines to enforce the covenants, conditions, and restrictions of the association. These changes limit a board’s…

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Statutory Changes Affecting Idaho Nonprofits

Published in the Idaho State Bar Advocate Magazine, September 2016. By Arthur B. Macomber Stability in the law provides certainty to business planning. This is especially true for nonprofit organizations, because they frequently operate on a shoestring and have volunteer directors and officers. Due to financial constraints, these organizations cannot easily afford high-priced corporate counsel…

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How HOAs Can Control Where Convicted Sex Offenders Live Within Its Boundaries

NOTE: The Idaho law in this article was current as of the date of its publication in 2012. Synopsis: This article discusses whether and how Idaho private homeowners associations can create restrictions on the residential locations of convicted sex offenders. Background: “Sex offenders are a serious threat in this Nation.”[1] “When convicted sex offenders reenter society,…

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Tenant Occupation in HOAs: War . . .  or Peace by Other Means?

NOTE: The Idaho law in this article was current as of the date of its publication in 2010 Synopsis Idaho law allows for implementation of owner-occupancy ratios in condominium developments as a reasonable restriction on alienation of possession to real property. With proper planning, boards of directors or developers may implement such restrictions to uphold…

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