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Feb 14
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Idaho Legislature – VOTE NO on S1277, S1279, S1280, and H0647 Land Use Proposals. Preserve Individual Property Rights and Local Control (Posted: 02/14/26)

  • Links: See list below

  • See bill link above for current status and committee assignment

  • See Idaho Insider for links where you can send group emails based on current status and committee assignment: gemstatechronicle.com/l…

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Idaho legislators have proposed four bills regarding Homeowner Associations (HOAs), housing, and land use – S1277, S1279, S1280, H0647. As of 02/13/26, all four are in committee (Senate bills in Senate Commerce & Human Resources and House bill in House Business committee):

  1. S1277 - Accessory dwelling units: legislature.idaho.gov/s…

  2. S1279 - Starter home subdivisions: legislature.idaho.gov/s…

  3. S1280 - Duplexes, twin homes, land use: legislature.idaho.gov/s…

  4. H0647 - Manufactured homes: legislature.idaho.gov/s…

All four are sponsored by Rep. Jordan Redman (House and Senate bills) and Sen. Ben Toews (Senate bills).

These bills represent a state takeover of decision-making about land use and property rights of individuals, HOAs, and local jurisdictions (cities, counties, planning and zoning, etc.). In essence, they:

  1. Prohibit restrictive covenants and HOA rules against accessory dwelling units (ADUs), starter home subdivisions, duplexes and twin homes, and manufactured homes.

  2. Require local governments to allow all of the above.

If passed, these bills could forever change single-family residential areas and communities many have worked so hard to create and preserve. All favor utilitarian concepts of "affordable or infill housing" over single-family neighborhoods and close-knit communities, local control over property and character of a place, and private property rights. All could reduce property values (and thus taxes to counties and cities, likely leading to tax increases to make up the shortfall). And all could erode the quality of life many who fled other states hoped to find in Idaho.

NOTE: Builders / Developers who dislike strict local HOA CC&Rs and Architectural Standards likely will support some or all of these bills.

Other states where such collectivist legislation has been enacted failed to yield affordable housing, destroyed the character of single-family home residential neighborhoods, trounced individual property rights and values, blighted areas that were once beautiful, and directly or indirectly caused people (and their tax money) to flee. Do we really want this fate to befall Idaho?

Here is a ChatGPT conversation link about negative effects elsewhere of similar measures. We have not removed ChatGPT biases or edited the conversation: 

State government should be protecting individual property rights and local control; not destroying them. These bills and any like them must be stopped.

Please VOTE NO on all these bills.

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Comments from others who have reviewed these bills (anonymized below):

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From a resident active in our HOA…

All 4 bills add up to a power grab by the state, taking away local control of neighborhood character. Human history shows us that people closest to a location know what is best for the area. In general, Idahoans should resist all attempts to centralize control over their lives, liberties and pursuit of happiness.

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From a resident active in another HOA…

H0647 is a NO vote for me. While it does not void existing recorded covenants, it prevents future neighborhoods from adopting covenants that restrict manufactured homes in single-family zones and significantly lowers minimum size standards to as little as 400–800 square feet. This represents continued state preemption over local land-use decisions and limits the ability of cities and future developments to define and preserve traditional single-family neighborhood patterns. Local communities should retain the authority to determine housing types and standards without statewide mandates.

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From a resident active in another HOA…

I oppose S1279 and S1280 because they further erode the preservation of true single-family neighborhoods. Larger-lot development has long been important to me, and I’ve grown increasingly concerned about the very small lot sizes already being approved in new subdivisions. If anything, policy should move toward strengthening and increasing lot size requirements in single-family zones, not mandating smaller lots or allowing duplexes by right.

Idaho communities should retain the authority to encourage and protect larger-lot, single-home development in both existing neighborhoods and future growth planning. Statewide density mandates undermine that ability. Single-family neighborhoods were traditionally built on 8,000–10,000 sq ft lots, and that model should remain an option communities can choose to preserve.

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From a resident in our HOA...

Re: S1270 and S1280 (writer had not seen all four bills at the time of comments)

Thank you for being on top of these bills. Gee, it seems like all we get done is fight for the right to live in a subdivision that is surrounded by homes of equal or greater value than the ones we purchased or had built. I am encouraged by the new Architectural Standards that xxx has let us review and was working on the final draft of our red-lines.

My first thought on these bills was that it sounded so much like the Democrats plan to have housing integrated into all income levels. Surprise! The two sponsors are Republicans.

I understand that it is unaffordable for our young folks to get into the housing market. My kids are having the same problems, but I don’t think they would want us to give up the dream of living in an area where our investment is protected by strict CC&Rs and Architectural Standards.

Many of us here in xxx have worked a lifetime to be able to have our nice homes. That is why xxx and I have fought hard with the Board of xxx to ensure that that remains. Even at the expense of gaining a reputation of being “constant complainers”. 

Both of these bills take effect on July 1, 2026. Bill S1280 regarding Twin Homes and Duplexes would especially affect us since there are plenty of vacant lots to build these on. There doesn’t seem to be any Grandfather clause that would only apply to HOAs that are established beyond July 1, 2026. Twin Homes and Duplexes more often than not, are rented out; with turnover rates as short as 6 months. Because the owners don’t live in the area, yards are unkempt, trash collects, driveways are full of cars from various renters, and the structures are left to run down. This is hardly fair to the long time residents who take pride in the homes they spent upwards of a million plus dollars on.

Bill S1279 (Starter Home Subdivisions)  seems to take effect on or after July 1, 2026 if I read it correctly. See 55-619 (2) This section shall not apply to restrictive covenants against starter home subdivisions as provided in section 67-6541, Idaho Code, that are entered into prior to July 1, 2026.  

55-3214 - Starter Home Subdivisions. 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 or unreasonably restricts starter home subdivisions as provided in section 67-6541, Idaho Code. This section shall not affect any such covenant, condition, or restriction in effect prior to July 1, 2026.

To tell cities and counties that they MUST NOT BAN "Starter Home Subdivisions” meaning a proposed new subdivision for single-family dwellings located on vacant or undeveloped land that is at least four (4) acres in size, seems so unAmerican. We are now being forced to give up our rights. 

Per page 2, #2, (e) Allow density of at least twelve (12) dwelling units per lot acre… CAN YOU IMAGINE SEEING THIS IN xxx??? That would mean condominiums. 

BOTH BILLS SHOULD BE SHOT DOWN. Can we put together a letter/petition to be signed by others and sent to our legislators? Please let me know what I can do to help.

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From a local custom home builder…

I have been studying these bills for 2 years I think most of them are good. HOAs have way to much power right now. XXX is a perfect example. Accessory buildings, when done correctly, add value to property not the other way around.

ED NOTE: We personally know this builder and have seen at least one ADU he created in XXX. Some residents are unhappy with it (including us). Like all his work, this ADU is well constructed, but massive and sited much too high for aesthetic attractiveness.

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