55-1512. ACTIONS RELATING TO COMMON AREAS — PERSONS DESIGNATED TO RECEIVE PROCESS — NEW DESIGNATION FILED — SERVICE ON AUDITOR — COPY FROM AUDITOR TO MANAGEMENT BODY — APPLICATION OF CORPORATE LAW. Except when a domestic corporation has been formed and designated in the declaration to serve as the management body to administer the project, at the time the declaration is recorded one (1) or more persons shall be designated to receive service of process in any action relating to the common areas and facilities. Such designation shall be filed with the county auditor in the county in which the project is located together with an acknowledgment in writing of acceptance of such designation by the person so designated. The person so designated shall be a resident of the state of Idaho, and service upon such person shall be the exclusive method of service in any action relating to the common areas and facilities. Upon termination of such person’s capacity or authority to receive service, a new designation shall be made by the management body of the project, and such designation shall be filed with the county auditor in the county in which the project is located together with an acknowledgment in writing of acceptance of such designation by the person so designated. Upon failure to so designate a person to receive service of process and to file such designation and acceptance of such designation, service may be made upon the county auditor with like effect as though said service were made upon a person designated, and it shall be the duty of the county auditor to forward a copy of such summons served on him by registered mail to the management body of the project at the address or location last known, but no failure on the part of the county auditor to mail such copy of summons shall affect the validity of the service thereof. When a corporate organization is formed and designated as the management body, service of process on the corporation shall be as permitted by law, and the Idaho rules of civil procedure.
History:
[55-1512, added 1965, ch. 225, sec. 12, p. 515; am. 2005, ch. 110, sec. 1, p. 362.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 15 - CONDOMINIUM PROPERTY ACT
Section 55-1501 - SHORT TITLE.
Section 55-1502 - PURPOSE — PUBLIC POLICY.
Section 55-1503 - DEFINITIONS.
Section 55-1504 - REQUIREMENTS TO QUALIFY.
Section 55-1505 - CONTENTS OF DECLARATION.
Section 55-1507 - CONTENTS OF BYLAWS.
Section 55-1508 - RECORDATION OF INSTRUMENTS AFFECTING PROJECT.
Section 55-1510 - REMOVAL OF PROPERTY FROM LAW — COMMON OWNERSHIP — RESUBMISSION.
Section 55-1511 - PARTITION — SALE.
Section 55-1513 - ACTIONS BY MANAGEMENT ON BEHALF OF TWO OR MORE OWNERS.
Section 55-1514 - SEPARATE TAXATION — LIEN — TAX DEED.
Section 55-1516 - LIABILITY OF UNIT OWNERS, TENANTS, EMPLOYEES — DUTIES AND POWERS OF OWNERS.
Section 55-1517 - INSURANCE OF INDIVIDUAL UNITS BY MANAGEMENT BODY.
Section 55-1521 - LIBERAL CONSTRUCTION OF DEEDS, DECLARATIONS OR PLANS FOR CONDOMINIUM PROJECTS.
Section 55-1522 - RULE AGAINST PERPETUITIES AND UNREASONABLE RESTRAINTS ON ALIENATION INAPPLICABLE.
Section 55-1523 - REFUSAL TO APPROVE PROJECT OR RECORD PLAT FORBIDDEN.
Section 55-1524 - APPLICATION OF LOCAL ZONING ORDINANCES.
Section 55-1525 - “BLUE SKY LAW” INAPPLICABLE.
Section 55-1526 - LEGAL DESCRIPTION THAT DESIGNATED ON PLAT OR IN DECLARATION.
Section 55-1527 - ZONING LAWS APPLIED WHERE NOT INCONSISTENT.
Section 55-1528 - STATEMENT OF ACCOUNT — DISCLOSURE OF FEES.