Homeowner-association bill killed

BOISE – The Idaho House reversed a vote for the first time this year, killing a bill they’d backed just 24 hours earlier that would have allowed homeowners associations to put liens on property of members who failed to pay penalties.

On Tuesday, members voted 36-34 to shoot down the proposal of Rep. Mark Snodgrass, R-Meridian, and Rep. Wendy Jaquet, D-Ketchum.

On Monday morning, they’d approved it, 38-31.

Concerns that the bill, a response to a bitter 2000 legal battle in Blaine County that pitted a homeowners association against one of its members, could intrude on private property rights prompted lawmakers to reconsider the case.

Opponents argued the bill’s penalties, or “special assessments,” were too broadly defined and that homeowners associations might arbitrarily change rules to punish homeowners whose homes or yards strayed from the wishes of a majority of residents.

“This bill flies in the face of that (private property rights),” said Rep. Mike Moyle, R-Star, before helping defeat the measure.

Vote reversals happen rarely in Idaho.

Five House Republicans switched sides to vote against the plan, including Joseph Cannon, of Blackfoot; Jim Clark, of Hayden Lake; George Eskridge, of Dover; Dennis Lake, of Blackfoot; and Ken Roberts of McCall.

One Republican, Frances Field, of Grand View, switched to support the bill.

Homeowners associations collect annual dues from property owners, or members, in a subdivision. The fees can cover expenses such as lawn and swimming pool maintenance or common irrigation lines.

If these fees aren’t paid, associations now can put liens on the delinquent member’s property that falls within the subdivision.

Snodgrass, a Meridian real estate agent, sought to add explicit language allowing the associations to put liens on “special assessments,” or penalties, that are sometimes used by homeowners associations to enforce their rules.

Under existing law, associations must first opt for often-expensive court litigation, he said.