Montana HOA & Condo Laws
How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …
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 …
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 …
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. …
Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.
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 …
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, …
Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.
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 …
Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.
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 …
Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.
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 …
Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …
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 …
The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.
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 …
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 …
Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.
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 …
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. …
Mandatory and optional alternative dispute resolution procedures — internal dispute resolution, mediation, arbitration, and limitations on litigation. Covers meet-and-confer requirements, mediation timelines, and enforcement of ADR outcomes.
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 …
The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.
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 …
Association authority to restrict or regulate unit rentals. Rental caps, lease term minimums, tenant screening, short-term rental prohibitions, and statutory limitations on the enforcement of rental restrictions.
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 …
Statute of limitations and statute of repose for construction defect claims. Right to repair acts, pre-litigation notice requirements, developer transition obligations, and warranty provisions applicable to common interest communities.
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 …
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 …
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