Our initial scan found 6 potential issues in your governing documents.
We checked the 2 public PDFs on The Preserve HOA’s website against current Idaho and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies+ Add up to 10 PDFs in Full Analysis
Declaration of Covenants, Conditions & Restrictions · Article III, Section 3.1 (Amended) · Page 1
ID Manual Attorney Audit Finding (Article III, Section 3.1 (Amended) — [Article III, Section 3.1 (Amended)] $500 Initiation and Recurring $500 Resale Transfer Assessment — 3.1 Initiation Assessment. Upon the initial conveyance of each lot, the purchaser thereof shall pay an initiation assessment in the amount of $500.00. Upon each transfer of any Building Lot and Residence thereon to a new Owner, the purchaser thereof shall pay a transfer assessment in the amount of $500.00.): Governing document provision conflicts with Idaho Code §§ 55-3201 to 55-3212 (Homeowner's Association Act); Idaho Code §§ 55-1501 to 55-1527 (Condominium Property Act) or lacks mandatory statutory safeguards.
Operative Clause · Article III, Section 3.1 (Amended) (Page 1)
“Upon each transfer of any Building Lot and Residence thereon to a new Owner, the purchaser thereof shall pay a transfer assessment in the amount of $500.00.”
Why It’s Flagged
Idaho Code §§ 55-3201 to 55-3212 (Homeowner's Association Act); Idaho Code §§ 55-1501 to 55-1527 (Condominium Property Act)
Manual attorney review identified statutory and enforceability compliance risks under Idaho Code §§ 55-3201 to 55-3212 (Homeowner's Association Act).
Idaho Code §§ 55-1501 to 55-1527 (Condominium Property Act).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Amend Article III, Section 3.1 (Amended) to conform with Idaho Code §§ 55-3201 to 55-3212 (Homeowner's Association Act).
2Idaho Code §§ 55-1501 to 55-1527 (Condominium Property Act) prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
5 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 5 remaining issues—plus load up to 10 PDFs for complete review.
#
Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Enforcement Hearing & Due-Process Notice Conflict
Declaration / CC&Rs
HIGH LEGAL RISK
#3
Leasing & Occupancy Rule Hierarchy Conflict
Declaration / CC&Rs
HIGH LEGAL RISK
#4
Governance And Elections Statutory & Governance Exposure
Declaration / CC&Rs
HIGH LEGAL RISK
#5
U.S. Flag & Flagpole Display Restriction Conflict
Rules & Policies
HIGH LEGAL RISK
#6
Architectural Modification & Exterior Property Use Restriction Conflict
Rules & Policies
HIGH LEGAL RISK
+ Full Set
Additional Governing Documents You Load (Up to 10 PDFs) — Amendments, Rules, ARC Guidelines & Cross-Document Hierarchy
Up to 10 PDFs
INCLUDED IN $699 AUDIT
FULL GOVERNING DOCUMENT AUDIT · UP TO 10 PDFS · $699
What the Full Analysis Checks & How It Works
Statutory & Federal Check: Audits up to 10 PDFs (CC&Rs, Bylaws, Rules & Amendments) against Idaho statutes, Federal law, and local codes.
Cross-Document Hierarchy Check: Flags internal contradictions where Rules, Policies, or Bylaws conflict with your recorded Declaration.
Marked-Up PDFs for Board & Counsel: Boxes each issue on the source page with the controlling statute cited and sample discussion wording.
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