Covenants, Conditions & Restrictions

Covenants, Conditions & Restrictions (CC&Rs)
Saturday, July 25, 2015

All properties and common areas within Hidden Springs are guided by a set of Covenants, Conditions and Restrictions (CC&Rs).  This legal document is provided to each homeowner during financial closing and each homeowner is required to abide by its conditions. 

Hidden Springs Covenants, Conditions and Restrictions

CC&R Enforcement Procedures
Wednesday, June 21, 2017

In 2014, The Idaho Legislature adopted Senate Bill 1310 which placed limits on fines issued by property owners’ associations. The law, which became Idaho Code Section 55-115, placed fining requirements on associations.

Under the new regulation many associations, including Hidden Springs, lost the ability to impose fines for violations of an association’s CC&Rs unless the authority to impose the fine was clearly set forth in the CC&Rs.

Therefore, as of July 2014, the HSTA board could not adopt fines through a resolution or some other act short of a full scale amendment to the recorded CC&Rs.

Losing this ability has made it difficult to enforce CC&Rs in the neighborhood. In pursuit of a solution, HSTA consulted with a property attorney for legal guidance on enforcing our CC&Rs.

Going forward, the CC&R process will be enforced as follows:

  • The HSTA will conduct inspections of the property.
  • Instances of non-compliance will be documented and logged.
  • A covenant infraction reminder will be delivered to the property or sent via regular mail or email. Staff may attempt a follow-up phone call or email if such contact information is up-to-date with the HSTA.
  • The homeowner will have seven (7) calendar days to correct the situation or contact the HSTA office to arrange for an acceptable timeframe and plan to remedy the violation.
  • If no attempt at correction is made within the seven (7) day period, the matter will be turned over to an attorney who will issue a second violation infraction notice. Pursuant to the documents that govern the HSTA, the homeowner’s account will be charged $150 for the attorney fees associated with the second notice.
  • If a homeowner refuses to comply after the second notice, the HSTA and board may take legal action to force compliance. Again, pursuant to our governing documents, all legal fees associa