The Idaho Senate followed the House on Tuesday in approving a ban on homeowners associations unilaterally changing rules governing property rentals without consent of affected members.
The 20-14 vote sends the measure to the governor.
The move comes as HOAs seek to limit short-term rentals by members via services such as AirBnB. Sponsor Sen. Lee Heider, R-Twin Falls, said the change does not prevent HOAs from passing new rules limiting rentals, but prevents the associations from changing existing rules without a homeowner consenting.
Lawyers in the body rose to debate the measure at length, citing rules on contracts and property rights. Sen. Bart Davis, R-Idaho Falls, speaking in opposition, said the bill “is asking the Senate to get into the middle of an existing set of contracts. It is legislative taking of a property right.”
Sen. Jim Rice, R-Caldwell, debating in favor, said blocking a property owner’s right to rent “devalues the property by taking away fundamental rights to the use and enjoyment of that property after the purchase.”