Bill > HB147

This bill amends Montana law regarding covenant enforcement by adding a specific definition of "enforcement action" for the purposes of defending against covenant abandonment claims. The bill clarifies that an enforcement action requires a covenant to be equally and consistently enforced across all properties subject to the covenant over at least a 2-year period. The legislation maintains existing provisions that allow associations or interested parties to initiate legal actions to enforce covenants, and it preserves exceptions that keep certain covenants valid even if an association has not met for 15 years. These exceptions include compliance with laws, maintaining easements, infrastructure maintenance, court orders, utility installation, and nuisance abatement. Parcel owners can still assert that a covenant has been abandoned if no enforcement action has been taken for the prescribed period specified in state law. The bill provides a more precise definition of what constitutes consistent covenant enforcement, potentially making it easier for property owners to understand and challenge covenant restrictions. The bill takes effect immediately upon passage and approval.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC1272