Bill Description: Senate Bill 1277 would limit HOA and local government restrictions on new accessory dwelling units. 

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NOTE: This bill is part of a slate of bills, including Senate Bills 1277, 1278, 1279, and 1280, as well as House Bill 647, to alleviate housing shortages and expand property owners’ options by limiting the restrictions HOAs and local governments can impose on them.

Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

Senate Bill 1277 would amend Section 55-618, Idaho Code, to prohibit HOA covenants that “unreasonably restrict” accessory dwelling units. This prohibition would not apply to restrictive covenants entered into prior to July 1, 2026. 

Placing limits on HOA restrictions can have both pros and cons, depending on how the HOA functions and how responsive (or unresponsive) it may be to the property owners it governs.

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The bill would also create Section 67-6541, Idaho Code, to say that “no county, city, health district, sewer district, or water district shall enact or enforce any ordinance, rule, regulation, or policy that bans accessory dwelling units in any residential zoning area within its jurisdiction.”

The bill would include several specific limits on local regulation.

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