HB166

ADUs must not be bannable by HOA restrictions

State: Idaho

Status: Enacted ✅

Formal Title: AN ACT RELATING TO INTERNAL ACCESSORY DWELLING UNITS; AMENDING CHAPTER 32, TITLE 55, IDAHO CODE

Summary: Amends Idaho Code to allow the creation of internal accessory dwelling units (ADUs) within homeowner's associations (HOAs) territories, defining permissible restrictions. Establishes that no covenants can outright prohibit internal ADUs within or attached to a primary residence or its garage, provided they are for housing relatives or tenants for periods longer than 30 days. Permits HOAs to impose reasonable regulations concerning these ADUs, such as size and parking requirements, while voiding any restrictive covenants against internal ADUs created after July 1, 2023.

Legislative text: https://legislature.idaho.gov/sessioninfo/2023/legislation/h0166/