Idaho Code 55-3203 – Definitions
Current as of: 2023 | Check for updates
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As used in this chapter:
(1) "Board" means the entity that has the duty of governing the homeowner’s association and may be referred to as a board of directors, executive board, or any other such similar name.
Terms Used In Idaho Code 55-3203
- Board: means the entity that has the duty of governing the homeowner’s association and may be referred to as a board of directors, executive board, or any other such similar name. See Idaho Code 55-3203
- Governing documents: includes but is not limited to articles of incorporation, bylaws, a plat, rules of the homeowner’s association, and any declaration of covenants, conditions, and restrictions. See Idaho Code 55-3203
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- membership: means any person or entity owning or possessing an interest in residential real property or a lot within the physical boundaries of an established homeowner’s association. See Idaho Code 55-3203
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Property: includes both real and personal property. See Idaho Code 73-114 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) "Financial disclosure" means the accounting records of the organization that are kept, disclosed, and made available for inspection in accordance with part 11, chapter 30, title 30, Idaho Code, and the governing documents of the homeowner’s association.
(3) "Governing documents" means a written instrument by which the homeowner’s association may exercise powers or manage, maintain, or otherwise affect the property under the jurisdiction of the homeowner’s association. "Governing documents" includes but is not limited to articles of incorporation, bylaws, a plat, rules of the homeowner’s association, and any declaration of covenants, conditions, and restrictions.
(4) "Homeowner’s association" means any incorporated or unincorporated association:
(a) In which membership is based upon owning or possessing an interest in real property; and
(b) That has the authority, pursuant to recorded covenants, bylaws, or other governing documents, to assess and record liens against the real property of its members.
(5) "Member" or "membership" means any person or entity owning or possessing an interest in residential real property or a lot within the physical boundaries of an established homeowner’s association.