Idaho § 55-3212
Full text of Idaho Idaho Statutes § 55-3212, with citation guidance and answers to common questions.
§ 55-3212.
prohibited conduct - restrictions on accessory dwelling units. (1) No homeowner’s association shall add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits accessory dwelling units, as defined in section 67-6541 , Idaho Code, on any property, land, or structure thereon within the jurisdiction of a homeowner’s association, unless the owner of the affected property expressly agrees in writing to such addition or amendment of a covenant, condition, or restriction. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting or prohibiting a property owner’s right to transfer an interest in land or the structures thereon where such covenant, condition, or restriction existed and applied to the property at the time the property owner acquired an interest in the property.
(2) Notwithstanding the prohibitions provided in subsection (1) of this section, a homeowner’s association may adopt reasonable rules governing the use of accessory dwelling units otherwise allowed by law, including but not limited to architectural design consistent with the primary dwelling, size limits, height limits, setback requirements, open space requirements, parking controls, and bedroom requirements.
(3) Nothing in this section shall be construed to restrict a homeowner’s association from adopting a less restrictive definition of accessory dwelling units.
(4) The provisions of this section do not apply to any rentals defined in section 63-1803 (4), Idaho Code.
[55-3212, added 2023, ch. 265, sec. 1, p. 792; am. 2026, ch. 265, sec. 1, p. 1117.]
Frequently Asked Questions About Idaho § 55-3212
What does Idaho Statutes § 55-3212 cover?
Section 55-3212 is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 55-3212?
A common citation format is "Idaho Statutes § 55-3212" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 55-3212 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.