Bill > SB400

This bill provides a comprehensive framework for property owners to vote on changes to easements, covenants, conditions, and restrictions affecting residential properties. Under the proposed legislation, any modification to such restrictions would require at least a majority vote of lot owners, with an exception allowing written consent to bypass the voting process if all owners agree. The bill guarantees property owners several important rights, including the ability to vote on changes, participate in homeowners' association meetings, run for leadership positions, vote on dues increases and potential litigation, and receive proper notice before any significant changes. The bill outlines a specific process for making changes when existing documents lack clear amendment procedures, which includes sending certified mail notices, providing a minimum 30-day voting period, ensuring no objections from property owners, and recording any changes with the county clerk. Additionally, the legislation allows property owners to establish more stringent voting requirements or longer notice periods if desired. The bill is intended to be added to existing property law, becomes effective immediately upon passage, and applies to easements and covenants existing at the time of its enactment, thereby providing property owners with more democratic control over their shared property restrictions.

Government Affairs

https://bills.legmt.gov/#/laws/bill/2/LC0848