HOA violates state statutes

Our HOA has violated Idaho statute relating to Capital Improvement assessments. I talked with the Idaho Attorney Generals office and they were sympathetic, but said that we would have to hire an attorney. Shouldn't the state attorney general enforce state statutes. I don't get it.

Gary, this is a common misconception. I’m not an attorney but as I understand it, each State has two types of statutes, criminal and civil. The police and prosecutors are tasked with enforcing the criminal statutes and it is up to the parties involved to enforce the civil. While it might seem unfair that while it is a violation of the law that you have to enforce it. Can you imagine the inflated bureaucracy that would be required if it didn’t work this way?

Each state would have to hire an army of investigators because each complaint would have to be investigated and if warranted, prosecuted and this is just for the HOA cases. The people involved would have to be paid, so taxes would have to skyrocket and what now might take years to be heard in court would take decades to move through the system.

Gary,

You are making some pretty serious accusations about this Board. You need to have solid proof in your hand before you continue to pursue the charges on a higher level. You stated that your County attorney made them post meeting agendas? Did you ask him to look into other areas?

What Federal laws are they breaking? The Feds do not regulate HOAs at all. If they are not complying with ADA or FHA or FCC laws, then those agencies would send a letter to the association telling them what they must do to comply but that would be about it and lack of compliance would then result in legal action by those agencies.

Do you know exactly what your governing document say as for the areas that you are charging them with a misconduct? These are serious enough complaints from you for you to be pretty darn sure that you have the proof of your charges.

You said...." I don't consider it a civil matter when a person or HOA extorts money from the public" The members of your association are NOT considered "PUBLIC". They are voluntary members of an association.