Montana HOA & Condominium Law
10 active Montana statutes govern homeowners associations and condominiums in the state. The corpus encodes 32 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Estoppel Disclosure Workflow
13 standard items
MT
CommunityPay has not verified a state-specific statutory resale certificate regime in Montana. Disclosure follows a non-statutory estoppel workflow. The 13 items below reflect standard title company and lender expectations, not legal requirements specific to any particular association.
- Current periodic assessment amount and any unpaid or delinquent assessments
- Pending or approved special assessments
- Reserve fund balance and designated projects
- Most recent balance sheet and income/expense statement
- Current operating budget
- Insurance coverage provided for the benefit of owners
- Pending lawsuits, unsatisfied judgments, or threatened litigation
- Board composition, meeting frequency, and governance status
- Declaration, bylaws, and rules and regulations
- Capital expenditures approved or anticipated for current and next two fiscal years
- Transfer fees, move-in/move-out fees, or other charges upon sale
- Known violations of the governing documents or applicable codes
- Right of first refusal or other restraints on transfer
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Montana does not cap RC preparation fees by statute. With CommunityPay, the board issues the certificate directly from live ledger data — eliminating the third-party fee entirely. Residents typically save $250–$400 per closing.
What Montana Law Requires
Governance (14)
- Requires meeting notice in a fair and reasonable manner. MCA §35-2-530
- Not fewer than 10 days before the meeting date MCA §35-2-530
- Minimum 10 days before meeting date, or 30-60 days if mailed by certified mail. MCA §35-2-530
- Applies to HOAs organized as nonprofit corporations. MCA §35-2-530
- Not fewer than 10 days before the meeting date MCA §35-2-530
- Notice of annual or regular meetings must describe matters requiring member approval. MCA §35-2-530
- Montana's most significant HOA protection statute. MCA §70-17-901
- Types of use includes ability to rent for any duration. MCA §70-17-901
- After May 9, 2019, an HOA may not enter into, amend, or enforce a covenant imposing more onerous restrictions on types of use than those existing when the member acquired the property, unless the member expressly consents in writing. MCA §70-17-901
- Requires sole owner(s) or lessee(s) to execute and record a declaration to submit property to the Unit Ownership Act. MCA §70-23-103
- Townhouses may optionally elect into the act. MCA §70-23-103
- Applies only to condominiums — Montana has no general HOA act. MCA §70-23-103
- Mandates that bylaws address seven categories: board election from among unit owners (number, terms, powers, compensation, removal); method of calling meetings and quorum; election of officers; maintenance of common elements; manner of collecting assessments; use restrictions; and amendment procedures. MCA §70-23-308
- Unless the declaration or bylaws provide otherwise, a unit owners association may hold meetings by remote means (telephone, teleconference, or videoconference). MCA §70-23-309
Assessment (4)
- Establishes an association lien for unpaid common expenses. MCA §70-23-607
- Foreclosure proceedings shall conform to Title 71 Chapter 3 Part 5 MCA §70-23-607
- Claim must be recorded in the county, verified by oath, and include the amount due, owner name, and property description. MCA §70-23-607
- No super-priority period exists — the first mortgage always takes priority. MCA §70-23-607
Disclosure (4)
- This is NOT a general resale certificate — it applies only in developer/majority-owner contexts. MCA §70-23-613
- Upon request, seller must furnish copies of the act, bylaws, and rules. MCA §70-23-613
- Buy-sell agreement not effective until 72 hours after buyer receives documents. MCA §70-23-613
- When the seller constitutes a majority of unit owners, the seller must notify prospective buyers that bylaws were adopted by the seller and changes require seller approval. MCA §70-23-613
Enforcement (4)
- The lien is prior to all other liens except tax and assessment liens and a first mortgage or trust indenture of record. MCA §70-23-607
- An action to recover a money judgment for unpaid common expenses may be maintained without foreclosing or waiving the lien. MCA §70-23-608
- Foreclosure of assessment liens follows Title 71 Chapter 3 Part 5 (construction lien procedures). MCA §70-23-608
- The manager may enforce the lien on behalf of the association. MCA §70-23-608
Compliance (6)
- Recently shortened from 10 years by Ch. MCA §27-2-208
- Actions for damages arising from design, planning, or construction of improvements to real property may not be commenced more than 6 years after completion. MCA §27-2-208
- After inspection, 14 days to offer remediation or monetary settlement. MCA §70-19-427
- Homeowner has 30 days to accept or reject. MCA §70-19-427
- Before filing suit for a construction defect, claimant must serve written notice describing the defect. MCA §70-19-427
- Professional has 21 days to respond by proposing inspection, offering settlement, or disputing the claim. MCA §70-19-427
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
3
Construction Defect
2
Foreclosure and Liens
2
Governance Documents
2
Meetings and Notice
2
Developer Transition
1
Dispute Resolution
1
Elections and Voting
1
Enforcement and Fines
1
Fiduciary Duty
1
Rental & Leasing Restrictions
1
Resale Disclosure
1
Each chip links to the Montana statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All Montana authorities →
Statute of Repose — Improvements to Real Property
Actions for damages arising from design, planning, or construction of improvements to real property may not be commenced more than 6 years after completion. Recently shortened from 10 years by Ch. 174, L. 2025.
Nonprofit Corporation Act — Notice of Meeting
Requires meeting notice in a fair and reasonable manner. Minimum 10 days before meeting date, or 30-60 days if mailed by certified mail. Applies to HOAs organized as nonprofit corporations. Notice of annual or regular meetings must describe matters requiring member approval.
Homeowners' Association Restrictions — Real Property Rights
After May 9, 2019, an HOA may not enter into, amend, or enforce a covenant imposing more onerous restrictions on types of use than those existing when the member acquired the property, unless the member expressly consents in writing. Types of use includes ability to rent for any duration. Montana's most significant HOA protection statute.
Residential Construction Disputes — Notice and Opportunity to Repair
Before filing suit for a construction defect, claimant must serve written notice describing the defect. Professional has 21 days to respond by proposing inspection, offering settlement, or disputing the claim. After inspection, 14 days to offer remediation or monetary settlement. Homeowner has 30 days to accept or reject.
Unit Ownership Act — Applicability
Requires sole owner(s) or lessee(s) to execute and record a declaration to submit property to the Unit Ownership Act. Townhouses may optionally elect into the act. Applies only to condominiums — Montana has no general HOA act.
Unit Ownership Act — Contents of Bylaws
Mandates that bylaws address seven categories: board election from among unit owners (number, terms, powers, compensation, removal); method of calling meetings and quorum; election of officers; maintenance of common elements; manner of collecting assessments; use restrictions; and amendment procedures.
Unit Ownership Act — Remote Meetings
Unless the declaration or bylaws provide otherwise, a unit owners association may hold meetings by remote means (telephone, teleconference, or videoconference). Enacted by Ch. 185, L. 2021.
Unit Ownership Act — Claim for Common Expenses; Lien Priority
Establishes an association lien for unpaid common expenses. The lien is prior to all other liens except tax and assessment liens and a first mortgage or trust indenture of record. No super-priority period exists — the first mortgage always takes priority. Claim must be recorded in the county, verified by oath, and include the amount due, owner name, and property description.
Unit Ownership Act — Foreclosure of Assessment Lien
Foreclosure of assessment liens follows Title 71 Chapter 3 Part 5 (construction lien procedures). The manager may enforce the lien on behalf of the association. An action to recover a money judgment for unpaid common expenses may be maintained without foreclosing or waiving the lien.
Unit Ownership Act — Disclosure by Seller
When the seller constitutes a majority of unit owners, the seller must notify prospective buyers that bylaws were adopted by the seller and changes require seller approval. Upon request, seller must furnish copies of the act, bylaws, and rules. Buy-sell agreement not effective until 72 hours after buyer receives documents. This is NOT a general resale certificate — it applies only in developer/majority-owner contexts.
Source: Montana state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Frequently Asked Questions — Montana HOA Law
How much advance notice must a Montana HOA give for meetings?
Under MCA §35-2-530, a Montana association must give unit owners at least 10 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.
Source: MCA §35-2-530
Answers derived from the Montana legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
Montana HOA Fee Benchmark
$205
Avg Median Monthly Fee
$187 – $263
County Range
9802
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 56 counties with data.
Communities by City
Missoula
4
Great Falls
3
Kalispell
3
Billings
2
Bozeman
2
Florence
2
Helena
2
Seeley Lake
2
Whitefish
2
Alder
1
Bainville
1
Bigfork
1
Big Sky
1
Cascade
1
Columbia Falls
1
Condon
1
Dell
1
Dillon
1
Emigrant
1
Fairfield
1
Forsyth
1
Fortine
1
Libby
1
Livingston
1
Nashua
1
Red Lodge
1
Roy
1
Whitehall
1
Wise River
1
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Download the Montana HOA & Condo Compliance Checklist
One PDF — every active Montana statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Montana Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations