Montana HOA Laws: What Homeowners Need to Know in 2026
Montana has no general HOA act. Condominiums fall under the Unit Ownership Act (MCA 70-23), whose lien ranks behind only tax and assessment liens and a first mortgage of record. Subdivision associations run on covenants plus a few statutes, led by 70-17-901’s bar on tightening use restrictions without the owner’s consent.
Unit Ownership Act or covenants: sorting out a Montana community
In the Montana Code Annotated 2025, Title 70 has a condominium chapter (23) and, in the covenants chapter, a Part 9 titled “Restrictions Pertaining to Homeowners’ Associations” holding one section, 70-17-901. No planned-community or common-interest act exists.
| Community | Statute | When it applies |
|---|---|---|
| Condominium | Unit Ownership Act, 70-23 | Only property whose owners (or lessees) executed, acknowledged and recorded a declaration submitting it to the chapter (70-23-103(1)) |
| Townhome or townhouse | Unit Ownership Act, 70-23 | Only if a declaration was executed under 70-23-103; otherwise the covenants govern (70-23-103(2)) |
| Subdivision with a covenant-based association | Recorded covenants; 70-17-901, 70-17-210, 70-16-110, 70-1-522 | Every homeowners’ association meeting the statutory definitions |
| Association incorporated as a nonprofit | Montana Nonprofit Corporation Act, 35-2 | Adds meeting and records rules to either kind above |
A subdivision association’s power to collect comes from its declaration; the statutes define a homeowners’ association as one that “may be authorized to impose assessments that, if unpaid, may become a lien on a member’s real property” (70-17-901(6)(a); 70-16-110(4)) and leave the terms to the recorded documents.
Condominium assessments and the 70-23-607 lien
Common expenses are charged to each unit by its percentage of undivided interest in the common elements (70-23-501). When the association records a verified claim stating the account due after credits and offsets, the name of the owner or reputed owner if known, and a description of the property and unit, it holds a lien on that unit “prior to all other liens or encumbrances upon the unit except: (a) tax and assessment liens; and (b) a first mortgage or trust indenture of record” (70-23-607). The claim is recorded in the same book as construction liens, and foreclosure follows Title 71, chapter 3, part 5 as nearly as possible; the association may also sue for the money without foreclosing (70-23-608).
A buyer at foreclosure of the first mortgage or trust indenture takes free of common expenses that came due earlier; that unpaid share becomes a common expense of all owners (70-23-610). In an ordinary sale the buyer is jointly liable with the seller, but a prospective purchaser can ask the manager for a statement of unpaid charges, and the buyer owes nothing beyond the amount it shows (70-23-611).
Buying a Montana condo: the 72-hour window
Under 70-23-613, on request of anyone buying or wanting to buy a project unit, the seller or seller’s agent must furnish before any buy-sell agreement is signed a copy of the Unit Ownership Act, the association bylaws and any administrative regulations. The buy-sell agreement must provide that it “is not effective until 72 hours after the prospective purchaser has received” those documents, and during that time the buyer may withdraw the offer without penalty. If one person or company owns a majority of the units, the seller must also disclose that fact, that the majority owner adopted the bylaws and regulations, and that changes need its approval while it holds the majority.
Five Montana statutes that limit what covenants can do
- No tighter use rules for current owners, 70-17-901 (2019). An association may not adopt, amend or enforce a covenant so that it restricts the types of use of a member’s property more than the restrictions in place when the member acquired it, unless that member expressly agrees in writing. “Types of use” means residential, agricultural or commercial use (unless the written or recorded restrictions already barred it), renting the property “for any amount of time,” and other development allowed by law (unless the restrictions already barred it). The member asks for the exception to be recorded with the county clerk and recorder, supplies the date the property was conveyed to them, and pays the recording fee. A later buyer does not inherit the protection unless owned by or sharing ownership with the prior member, or a lender that took the property through foreclosure. The section does not reach covenants the association cannot enforce or covenants required by federal, state or local law, and it governs enforcement after May 9, 2019 without invalidating existing covenants. Condominium associations are bound too (70-23-507).
- Entry onto your lot, 70-16-110 (2025 HB 416, in force October 1, 2025). An association agent needs the owner’s permission to enter. The association must propose a convenient date and time and say what part of the property it wants to reach, and the owner may insist on being present or sending an agent. Excluded: areas open to the public such as sidewalks, front pathways and the front door; condominiums where common elements must be reached through the unit and the declaration or bylaws set access terms; and recorded easements that specifically benefit the association.
- Political signs, 70-1-522 (2009). An association may not prohibit signs for or against a candidate or ballot issue on an owner’s property, with the owner’s authorization, or on common areas in which an owner holds an undivided interest. It may limit sign size and regulate location and display period.
- Dormant associations, 70-17-210 (2023, amended twice in 2025). An association that has not met for 15 years may not enforce against an owner whose use is substantially similar to other properties in the development, except covenants still needed to comply with federal, state or local law; for an easement or right-of-way; to maintain infrastructure or improvements serving the properties; to comply with a court order or the government approval under which the covenants were set up; for utility installation, maintenance or removal; or to abate a nuisance. Separately, an owner may argue a covenant was abandoned because no enforcement action was taken for the period in 27-2-202; for that defense, enforcement means the covenant was equally and consistently enforced on all properties subject to it over at least a 2-year period.
- Child care, 70-17-216 (2023). Running a family day-care home or group day-care home as defined in 52-2-703 is a residential use of covenant-restricted property.
If the association is a Montana nonprofit corporation
The Montana Nonprofit Corporation Act adds an annual members’ meeting (35-2-526) with notice given in a fair and reasonable manner consistent with the bylaws; notice at least 10 days ahead, or 30 to 60 days ahead by certified mail, counts as fair and reasonable (35-2-530). Written notice at least 5 business days ahead lets a member inspect the core records in 35-2-906(5), among them three years of members’ minutes and financial statements; accounting records, minute excerpts and the membership list also require a good-faith, proper purpose stated with reasonable particularity and records directly connected to it (35-2-907). Incorporated and unincorporated associations may meet remotely unless their documents say otherwise (35-2-525, 35-2-550).
Montana owners and buyers want to know
My subdivision’s covenants were amended to ban short-term rentals. Does that bind me?
Not if you owned before the amendment and did not agree in writing: renting “for any amount of time” is a protected type of use under 70-17-901, and you can ask for your exception to be recorded. A buyer after the amendment takes the property subject to it, unless the buyer is owned by or shares ownership with you or is a lender that acquired the property through foreclosure.
Can a Montana condo association foreclose?
Yes, on a recorded, verified claim under 70-23-607 and -608, but its lien stays junior to tax and assessment liens and to a first mortgage or trust indenture of record.
Is there a resale certificate for a house in a subdivision HOA?
Montana has no statute requiring one outside the condo rule in 70-23-613, so make delivery of the covenants, bylaws, budget and a statement of unpaid assessments a condition of your offer.
More for Montana: Montana housing hub, Montana closing costs in 2026, Montana homeowner insurance, selling a house in an HOA, HOA glossary entry. Statute text: Unit Ownership Act, MCA 70-17-901.