MontanaHB 14769th Legislature, Regular Session (2025)House

Revise laws related to covenants to provide definition of enforcement action

Sponsored By: Jedediah Hinkle (Republican)

Signed by Governor

PropertyCourts

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Homeowners get stronger covenant defenses

You can defend against covenant enforcement when it has been ignored for the time set in state law (27-2-202). To count as enforcement, the rule must have been enforced equally and consistently across all affected lots for at least 2 years. If a court or the association abandons a covenant and a notice is recorded with the county, no one can later enforce it against similarly situated owners in that development. These rules apply immediately upon approval.

HOAs and landowners can sue to enforce

Homeowners associations and anyone with a property interest can sue to enforce recorded covenants, conditions, or restrictions. A court can order fixes, fines, or injunctions. You could face legal fees or other costs if sued.

Dormant HOAs limited after 15 years

An HOA that has not met for 15 years cannot enforce a covenant against you when your use matches other lots in the neighborhood. Enforcement is still allowed when needed to follow laws, for easements or rights-of-way, to maintain shared infrastructure, to follow a court or government approval, for utility work, or to stop a nuisance.

Sponsors & Cosponsors

Sponsor

Jedediah Hinkle
Republican • House

Cosponsors

Daniel Emrich
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 249 • No: 48

Senate vote • 4/16/2025

Do Concur

Yes: 34 • No: 16

Senate vote • 4/15/2025

Do Concur

Yes: 32 • No: 18

House vote • 1/27/2025

Do Pass

Yes: 90 • No: 7

House vote • 1/24/2025