Bill > HB761

This bill revises Montana's residential covenant laws to protect property owners' rights by preventing homeowners' associations and other entities from imposing more restrictive rules on a property than existed when the current owner originally acquired the property. Specifically, the bill stipulates that any covenant, condition, or restriction cannot be enforced in a way that adds more onerous limitations on property use compared to the restrictions in place when the owner purchased the property, unless the owner explicitly agrees in writing to the new restrictions. Property owners can record an exception with their county clerk to document their original property rights, and they must notify other potentially affected property owners when doing so. The bill also clarifies that successors-in-interest (such as inheriting family members or properties acquired through foreclosure) may have different rights regarding these restrictions. Importantly, the bill does not apply to restrictions required by federal, state, or local laws, and it does not invalidate existing covenants or create legal actions for events before the bill's effective date. The legislation aims to provide property owners with more protection against changing homeowners' association rules and preserve their original property use rights.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC4384