§ 55-3212 — INTERNAL ACCESSORY DWELLING UNITS

(1) No covenant, condition, or restriction may be added, amended, or enforced by a homeowner’s association or any other parties in such a way that strictly prohibits internal accessory dwelling units, as defined in subsection (3) of this section. The provisions of this section shall not be construed to protect more than one (1) internal accessory dwelling unit per homestead.
(2) Notwithstanding the prohibitions provided in subsection (1) of this section, a homeowner’s association may adopt reasonable rules governing the use of internal accessory dwelling units otherwise allowed by law, including but not limited to size limits, height limits, setback requirements, open space requirements, parking controls, and bedroom requirements.
(3)(a) An "internal accessory dwelling unit" means a self-contained living unit that:
(i) Includes its own cooking, sleeping, and sanitation facilities;
(ii) Is located within a detached, owner-occupied homestead, as defined in section 63-701, Idaho Code, or such homestead’s attached or detached garage; and
(iii) Is used for the purpose of housing relatives of the owner of the homestead or for the purpose of renting to a residential tenant for a period exceeding thirty (30) days.
(b) An internal accessory dwelling unit does not include an alternative detached structure, motor home, camper, recreational vehicle, tiny home on wheels, or other such similar dwellings on wheels.
(4) Nothing in this section shall be construed to restrict a homeowner’s association from adopting a less restrictive definition of accessory dwelling units.
(5) The provisions of this section do not apply to any rentals defined in section 63-1803 (4), Idaho Code.

Legislative History

[55-3212, added 2023, ch. 265, sec. 1, p. 792.]