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Bill > HB619

MT HB619

MT HB619
Establish the uniform common interest ownership act

summary

Introduced
02/20/2025
In Committee
02/21/2025
Crossed Over
Passed
Dead
05/20/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT ESTABLISHING THE UNIFORM COMMON INTEREST OWNERSHIP ACT; ALLOWING FOR THE CREATION OF COMMON INTEREST COMMUNITIES, COOPERATIVES, AND PLANNED COMMUNITIES; PROVIDING FOR THE ADOPTION OF GOVERNING INSTRUMENTS, INCLUDING BYLAWS AND COVENANTS; PROVIDING FOR THE CLASSIFICATION OF REAL ESTATE OR PERSONAL PROPERTY; PROVIDING FOR A PROCESS OF PROPERTY ACQUISITION BY EMINENT DOMAIN; PROVIDING FOR THE ALLOCATION OF COMMON ELEMENTS; ALLOWING FOR THE MERGER, CONSOLIDATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES; ALLOWING FOR THE EXERCISE OF DEVELOPMENT RIGHTS, THE ALTERATION OF UNITS, THE RELOCATION OF UNIT BOUNDARIES, AND THE SUBDIVISION OF UNITS; PROVIDING FOR THE ORGANIZATION OF UNIT OWNERS ASSOCIATIONS; PROVIDING POWERS AND DUTIES OF UNIT OWNERS ASSOCIATIONS; ESTABLISHING FINANCIAL AND OTHER ASSOCIATION RECORD CREATION AND RETENTION RULES; PROVIDING PROTECTIONS FOR PURCHASERS; PROVIDING PROCESSES FOR THE SALE OF UNITS, THE RELEASE OF LIENS, AND THE CONVERSION OF BUILDINGS; PROVIDING FOR APPLICABILITY AND TRANSITION PROCESSES FOR EXISTING UNIT OWNERSHIP ORGANIZATIONS AND ASSOCIATIONS; PROVIDING DEFINITIONS; AMING SECTIONS 15-8-111, 15- 8-511, 35-2-525, 70-17-212, 70-17-901, 70-20-501, 76-2-305, 76-3-203, 76-4-111, 76-4-127, AND 76-25-402, MCA; AND REPEALING SECTIONS 70-23-101, 70-23-102, 70-23-103, 70-23-301, 70-23-302, 70-23-303, 70- 23-304, 70-23-305, 70-23-306, 70-23-307, 70-23-308, 70-23-309, 70-23-401, 70-23-402, 70-23-403, 70-23- 404, 70-23-405, 70-23-501, 70-23-502, 70-23-503, 70-23-504, 70-23-505, 70-23-506, 70-23-507, 70-23-601, 70-23-602, 70-23-603, 70-23-604, 70-23-605, 70-23-606, 70-23-607, 70-23-608, 70-23-609, 70-23-610, 70-23- 611, 70-23-612, 70-23-613, 70-23-801, 70-23-802, 70-23-803, 70-23-804, 70-23-805, 70-23-806, 70-23-901, 70-23-902, 70-23-1101, 70-23-1102, 70-23-1103, 70-23-1104, AND 70-23-1105, MCA.”

AI Summary

This bill establishes the Uniform Common Interest Ownership Act, which provides a comprehensive legal framework for creating, managing, and governing common interest communities such as condominiums, cooperatives, and planned communities. The bill defines key terms and establishes detailed rules for various aspects of common interest ownership, including the creation and amendment of declarations, the organization and powers of homeowners associations, unit owner rights and responsibilities, financial management, insurance requirements, and dispute resolution. The bill covers critical areas such as how common elements are owned and maintained, how assessments and fees are calculated, the rights of unit owners and declarants, meeting and voting procedures for associations, rules for modifying unit boundaries, insurance and warranty provisions, and processes for resolving conflicts. It also provides specific protections for purchasers, including requirements for public offering statements and resale certificates, and establishes guidelines for how existing common interest communities can transition to the new legal framework. The legislation aims to create more standardized and transparent rules for common interest communities, providing clearer guidelines for developers, unit owners, and associations while protecting the interests of all parties involved. It repeals the existing Unit Ownership Act and updates references in multiple sections of Montana law to align with the new comprehensive approach to common interest ownership.

Committee Categories

Justice

Sponsors (1)

Last Action

(H) Died in Process (on 05/20/2025)

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