Montana

Montana HOA Laws: Statutes, Rules & Board Duties

What Montana statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Primary statute: Montana Unit Ownership Act (condominiums), Mont. Code Ann. §§ 70-23-101 to 70-23-1101

Applies to: Community associations in Montana

⚠️ Informational summary only — not legal advice. Laws change and facts matter. Montana has no comprehensive HOA statute; most rules come from each association's own recorded declaration/covenants and general corporate law. Confirm current requirements with the statute and a licensed Montana attorney before acting.

Governing statutes

Montana has no comprehensive common-interest-community / HOA act. The only property-type statute is the Unit Ownership Act (Title 70, ch. 23), which governs condominiums only — and only those that expressly elect in by recording a declaration (Mont. Code Ann. § 70-23-102; ch. 23 TOC). A "condominium" excludes townhomes/townhouses (§ 70-23-102).
Non-condominium HOAs (planned communities, subdivisions, POAs) have no dedicated statute. They are governed by their recorded declaration/covenants (CC&Rs) plus, if incorporated, the Montana Nonprofit Corporation Act (Title 35, ch. 2), which supplies default rules on directors, member meetings, notice, voting, and records (Title 35 ch. 2 TOC). This is the single biggest gap versus states like California — most "HOA law" questions in Montana are answered by the community's own documents, not a statute.
A scattering of stand-alone statutes limits what any homeowners'/property-owners' association may do: covenant "type of use" baseline protection (§ 70-17-901), political-sign protection (§ 70-1-522), and solar-easement enabling law (§ 70-17-301).
Where governing documents conflict with a controlling statute, the statute controls; among documents the declaration generally controls. (verify — no single Montana statute states this ordering for HOAs generally; it derives from the Unit Ownership Act and general covenant law.)

Meetings & notice

No general open-meeting or meeting-notice statute exists for Montana HOAs. For condominiums, the bylaws must set the method of calling unit-owner meetings and the percentage that constitutes a quorum — the statute fixes no number itself (§ 70-23-308, text).
Remote meetings are permitted for a condo unit-owners' association (by telephone, teleconference, or videoconference) unless the declaration or bylaws provide otherwise (§ 70-23-309, text).
For an incorporated association, the Nonprofit Corporation Act supplies default member-meeting notice: not less than 10 days before the meeting (or, if by certified mail, 30–60 days before), given "in a fair and reasonable manner" consistent with the bylaws (§ 35-2-530, text).
Board-of-directors call-and-notice defaults for nonprofits are set by § 35-2-429. (verify specific notice period — the Act largely defers to the bylaws.)
There is no statutory requirement that HOA board meetings be open to members, no agenda rule, and no closed/executive-session statute — these are matters for the declaration/bylaws.

Fines & enforcement

No Montana statute authorizes, caps, or regulates HOA fines, and there is no statutory hearing/due-process procedure before a fine. Fining power (if any) and any hearing rights come entirely from the recorded declaration/bylaws. This is a major gap versus states with fine-cap and notice statutes.
For condominiums, each unit owner must comply with the bylaws, rules, and the declaration's covenants, and noncompliance is grounds for "an action maintainable by the association of unit owners or by an aggrieved unit owner" (§ 70-23-506, text) — i.e., the statutory enforcement remedy is a lawsuit, not a statutory fine.
Section 70-23-506 does not specify remedies, fines, damages, or attorney-fee awards; those depend on the governing documents and general law. (verify any fee/penalty claimed under a specific community's documents.)
A covenant/rule that violates public policy is unenforceable (see political-sign and use-baseline statutes below); a court may not enforce it (§§ 70-1-522, 70-17-901).

Assessments, liens & foreclosure

Condominiums: common expenses are charged to unit owners according to each unit's percentage of undivided interest in the common elements (§ 70-23-501, text).
Condo assessment lien: the association's recorded "claim for common expenses" is a lien prior to all other liens except (a) tax and assessment liens and (b) a first mortgage/trust indenture of record; the verified claim must state the account due (net of credits/offsets), the owner's name if known, and a unit description, and be recorded/indexed like other liens (§ 70-23-607, text).
Foreclosure of the condo lien conforms "as nearly as possible" to construction-lien foreclosure under Title 71, ch. 3, part 5; the association may alternatively sue for a money judgment without foreclosing or waiving the lien (§ 70-23-608, text; Title 71 ch. 3 pt. 5 TOC). There is no statutory dollar threshold or delinquency-period minimum before a condo association may foreclose (unlike California's $1,800 / 12-month rule). (verify — no such threshold found in ch. 23.)
A foreclosure-sale purchaser is not liable for all prior unpaid common expenses (§ 70-23-610); grantor and grantee are jointly liable for unpaid common expenses on transfer (§ 70-23-611).
Non-condominium HOAs: there is NO statutory assessment lien. There is no "homeowners'-association lien" statute — Title 71, ch. 3, part 15 ("Miscellaneous Liens") § 71-3-1501 is "Lien of factor," not an HOA lien (verified — the hypothesized HOA lien at § 71-3-1501 does not exist; pt. 15 TOC). A planned-community HOA's ability to lien/foreclose depends on lien language in its recorded declaration and general law.

Records access

Condominiums: the manager must keep detailed chronological records of receipts and expenditures affecting the common elements (with supporting vouchers), and unit owners may inspect them at convenient weekday hours at the manager's place of business (§ 70-23-606, text). The statute sets no fixed response deadline and no copy-fee cap.
Incorporated associations: a member may inspect and copy corporate records after giving at least 5 business days' written notice/demand, at a reasonable time and place (§ 35-2-907, text); a court may order inspection at the corporation's expense if refused (§ 35-2-909).
Nonprofits must permanently keep minutes of member and board meetings, accounting records, and a membership list (§ 35-2-906).
There is no Montana analog to California's tiered 10-/30-day production timelines or $200 redaction cap — records access for HOAs is governed by the above and the bylaws.

Reserves & budgets

Montana has NO statute requiring HOA budgets, reserve studies, reserve funding, or balcony/exterior-element inspections. This is a complete gap versus California. Any budget or reserve obligation comes from the declaration/bylaws or (for condos) the general duty to maintain and pay for common-element upkeep.
For condominiums, the bylaws must address maintenance, upkeep, and repair of the common elements and payment of those expenses, and the manner of collecting each owner's share of common expenses (§ 70-23-308, text); duties to maintain/improve common elements are in § 70-23-504.
There is no statutory reserve-study interval, reserve-disclosure form, or elevated-element (balcony) inspection mandate. (verify against the specific community's documents, which may impose their own reserve requirements.)

Architectural control

Montana has no architectural-review statute for HOAs — no statutory approval standard, timeline, written-decision, or reconsideration requirement (contrast California Civ. Code § 4765). Architectural control exists only if and as the recorded declaration provides, and is enforced through general covenant law.
Statutory backstop: a covenant may not impose a more burdensome "type of use" restriction than existed when the owner acquired the property without the owner's written consent (§ 70-17-901; see next section), which can limit certain architectural/use rule changes.
Any approval timeline, committee process, or appeal right is a matter of the community's own documents. (verify any timeline claimed in a specific community's rules — no statute supplies a default.)

Protected activities (what an HOA generally cannot prohibit)

Baseline "type of use" protection (§ 70-17-901, text): a homeowners' association may not impose a use restriction more burdensome than the one in effect when the owner acquired the property — covering residential, agricultural, or commercial use, the ability to rent the property for any length of time, and the ability to develop it — without the owner's written consent. Successor owners generally can't claim the protection for restrictions predating their purchase; excludes restrictions required by law. Effective May 9, 2019 (SB 300, 2019).
Political / election signs (§ 70-1-522, text): a homeowners'/property-owners' association may not prohibit a sign advocating the election, appointment, or defeat of a candidate, or the passage/defeat of a ballot issue, on an owner's property or common areas in which the owner has an undivided interest; the association may impose reasonable size, location, and time limits. Contrary covenants are against public policy and unenforceable.
Solar: Montana's solar law is enabling only — § 70-17-301 lets a property owner create a written solar easement (recorded like other easements; content requirements in § 70-17-302). It does NOT prohibit an HOA from restricting solar panels (§ 70-17-301 text). Montana has no solar-access "anti-restriction" statute binding HOAs.
U.S. flag: display is protected under the federal Freedom to Display the American Flag Act of 2005, subject to reasonable HOA restrictions; no separate Montana flag statute was located for HOAs. (verify — protection is federal, not a Montana statute.)
No Montana statutes protect EV charging stations, clotheslines, drought-tolerant/native landscaping, ADUs, or artificial turf against HOA rules — these California-style protections have no Montana equivalent (gap).

Fair housing & assistance animals

The Montana Human Rights Act, § 49-2-305, prohibits housing discrimination, including on the basis of disability, and treats refusal to make reasonable accommodations in rules, policies, practices, or services — when necessary to give a person with a disability equal opportunity to use and enjoy a dwelling — as evidence of discrimination (§ 49-2-305(5)(b); text). The federal Fair Housing Act applies in parallel.
A person with a disability who has (or obtains) a service animal is entitled to full and equal access to housing and may not be charged extra for the animal, but remains liable for any damage it causes (§ 49-4-212). Montana defines a service animal broadly — not limited to dogs — as any animal that performs a task/service for a person with a disability, or is in training to do so. (verify emotional-support-animal specifics — Montana's statute speaks in terms of "service animals"; ESA obligations for housing derive largely from the federal FHA/HUD guidance.)
These duties bind associations acting as housing providers; a "no pets" or breed/size rule generally must yield to a valid reasonable-accommodation request.

Required disclosures

Condominiums (resale/first sale): before signing, the seller must disclose specified facts (e.g., that the seller/one person holds a majority of units and adopted the bylaws), and on request furnish the Unit Ownership Act, the bylaws, and the administrative rules; the purchase agreement is not effective until 72 hours after the buyer receives the required documents, and the buyer may withdraw without penalty during that period (§ 70-23-613, text).
Condo declaration and bylaws are recorded documents (§§ 70-23-305, 70-23-307), so governing documents are of public record.
Non-condominium HOAs have no statutory resale-disclosure package (no Montana analog to California Civ. Code §§ 4525/4530). Disclosure obligations come from the declaration and general real-estate disclosure law. (verify — no HOA-specific resale-certificate statute located.)

Dispute resolution

Montana has no HOA-specific internal dispute resolution (IDR) or pre-litigation ADR statute (no analog to California Civ. Code §§ 5900–5965). Disputes are resolved under the declaration/bylaws and, failing that, in court.
For condominiums, the statutory remedy for a violation of the bylaws, rules, or declaration is a civil action by the association or an aggrieved owner (§ 70-23-506, text); condominium-related actions and process are addressed in Title 70, ch. 23, part 9.
Parties may use general voluntary mediation/arbitration (or arbitration clauses in the governing documents), but no statute compels pre-suit ADR for HOA disputes. (verify any mandatory ADR claimed — it would come from the community's documents, not statute.)

Recent changes (2023–2026)

SB 300 (2019) → § 70-17-901: enacted the "type of use" baseline protection (no more-burdensome use restrictions without written consent), effective May 9, 2019. Remains the principal statewide limit on HOA covenant changes.
Condo remote meetings (§ 70-23-309): authorizes unit-owner association meetings by remote/electronic means unless the documents provide otherwise. (verify enactment year — appears to be a recent addition to the Unit Ownership Act.)
HB 683 (2023) — did NOT pass. It proposed revising HOA requirements (including a provision that certain covenants would expire after ~5 years unless re-adopted by vote); it died — "missed deadline for general bill transmittal" (Mar. 11, 2023) (MTFP Capitol Tracker). So no 5-year covenant-sunset rule is in force.
A 2023–2024 Local Government Interim Committee studied "HOA governance in Montana," reflecting ongoing legislative interest but no comprehensive HOA act had been enacted as of this research. (verify status of any 2025 session bills — confirm no comprehensive HOA statute passed in 2025.)
No Montana equivalents to California's recent fine-cap, electronic-voting, balcony-inspection, or utility-restoration laws have been enacted (gap).

Sources

Montana Unit Ownership Act (Title 70, ch. 23) TOC — https://mca.legmt.gov/bills/mca/title_0700/chapter_0230/parts_index.html ; definitions § 70-23-102 — https://law.justia.com/codes/montana/title-70/chapter-23/part-1/section-70-23-102/
Condo bylaws contents § 70-23-308 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0230/part_0030/section_0080/0700-0230-0030-0080.html ; remote meetings § 70-23-309 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0230/part_0030/section_0090/0700-0230-0030-0090.html
Common profits/expenses § 70-23-501 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0230/part_0050/section_0010/0700-0230-0050-0010.html ; compliance/enforcement action § 70-23-506 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0230/part_0050/section_0060/0700-0230-0050-0060.html
Records inspection § 70-23-606 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0230/part_0060/section_0060/0700-0230-0060-0060.html ; assessment-lien priority § 70-23-607 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0230/part_0060/section_0070/0700-0230-0060-0070.html ; lien foreclosure § 70-23-608 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0230/part_0060/section_0080/0700-0230-0060-0080.html ; seller disclosure / 72-hr § 70-23-613 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0230/part_0060/section_0130/0700-0230-0060-0130.html
Solar easements § 70-17-301 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0170/part_0030/section_0010/0700-0170-0030-0010.html ; content § 70-17-302 — https://law.justia.com/codes/montana/2011/title70/chapter70-17/part70-17-3/section70-17-302
HOA "type of use" restriction § 70-17-901 — https://mca.legmt.gov/bills/mca/title_0700/chapter_0170/part_0090/section_0010/0700-0170-0090-0010.html
Political / election signs § 70-1-522 — https://archive.legmt.gov/bills/mca/title_0700/chapter_0010/part_0050/section_0220/0700-0010-0050-0220.html
Miscellaneous liens (no HOA lien; § 71-3-1501 = "Lien of factor") Title 71 ch. 3 pt. 15 TOC — https://mca.legmt.gov/bills/mca/title_0710/chapter_0030/part_0150/sections_index.html ; construction-lien foreclosure procedure Title 71 ch. 3 pt. 5 — https://mca.legmt.gov/bills/mca/title_0710/chapter_0030/part_0050/sections_index.html
Montana Nonprofit Corporation Act (Title 35, ch. 2) TOC — https://mca.legmt.gov/bills/mca/title_0350/chapter_0020/parts_index.html ; corporate records § 35-2-906 — https://law.justia.com/codes/montana/title-35/chapter-2/part-9/section-35-2-906/ ; member inspection § 35-2-907 — https://mca.legmt.gov/bills/mca/title_0350/chapter_0020/part_0090/section_0070/0350-0020-0090-0070.html ; member-meeting notice § 35-2-530 — https://mca.legmt.gov/bills/mca/title_0350/chapter_0020/part_0050/section_0300/0350-0020-0050-0300.html
Montana Human Rights Act housing discrimination § 49-2-305 — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0030/section_0050/0490-0020-0030-0050.html ; service-animal housing access § 49-4-212 (Animal Legal & Historical Center) — https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalguide-dog-laws
HB 683 (2023) status (dead) — https://apps.montanafreepress.org/capitol-tracker-2023/bills/hb-683/ ; 2023–2024 Local Government Interim Committee, "HOA Governance in Montana" — https://archive.legmt.gov/content/Committees/Interim/2023-2024/Local-Government/Meetings/January-24-2024/4.01_HOA_MT_Statutes.pdf
Secondary overviews (context only) — Homeowners Protection Bureau (Montana) https://www.hopb.co/montana ; Justia Montana Title 70 ch. 23 https://law.justia.com/codes/montana/title-70/chapter-23/

Turn Montana's rules into workflows

Noticed agendas, recorded votes, documented violation hearings, and a dues ledger built in — plus an AI assistant grounded in Montana HOA law.

Book a demo

Frequently asked questions

What laws govern HOAs in Montana?

Montana has no comprehensive common-interest-community / HOA act. The only property-type statute is the Unit Ownership Act (Title 70, ch. 23), which governs condominiums only — and only those that expressly elect in by recording a declaration (Mont. Code Ann. § 70-23-102; ch. 23 TOC). A "condominium" excludes townhomes/townhouses (§ 70-23-102). - Non-condominium HOAs (planned communities, subdivisions, POAs) have no dedicated statute.

Can a Montana HOA fine a homeowner, and what process is required?

No Montana statute authorizes, caps, or regulates HOA fines, and there is no statutory hearing/due-process procedure before a fine. Fining power (if any) and any hearing rights come entirely from the recorded declaration/bylaws. This is a major gap versus states with fine-cap and notice statutes.

What are the board meeting and notice rules for Montana HOAs?

No general open-meeting or meeting-notice statute exists for Montana HOAs. For condominiums, the bylaws must set the method of calling unit-owner meetings and the percentage that constitutes a quorum — the statute fixes no number itself (§ 70-23-308, text). - Remote meetings are permitted for a condo unit-owners' association (by telephone, teleconference, or videoconference) unless the declaration or bylaws provide otherwise (§ 70-23-309, text).

What HOA records can Montana homeowners inspect?

Condominiums: the manager must keep detailed chronological records of receipts and expenditures affecting the common elements (with supporting vouchers), and unit owners may inspect them at convenient weekday hours at the manager's place of business (§ 70-23-606, text). The statute sets no fixed response deadline and no copy-fee cap.

When can a Montana HOA place a lien or foreclose over unpaid assessments?

Condominiums: common expenses are charged to unit owners according to each unit's percentage of undivided interest in the common elements (§ 70-23-501, text). - Condo assessment lien: the association's recorded "claim for common expenses" is a lien prior to all other liens except (a) tax and assessment liens and (b) a first mortgage/trust indenture of record; the verified claim must state the account due (net of credits/offsets), the owner's name if known, and a unit…

Does HOA software make a Montana board automatically compliant?

No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.