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MontanaHB 14769th Legislature, Regular Session (2025)HouseWALLET

Revise laws related to covenants to provide definition of enforcement action

Sponsored By: Jedediah Hinkle (Republican)

Became Law

PropertyCourts

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Stronger defense when HOA rules lapse

You can defend against a covenant by showing no one enforced it for the period in 27-2-202. Enforcement counts only if the rule was applied equally on all lots for at least two years. If a court or your association declares the rule abandoned and records notice with the county clerk and recorder, others cannot later enforce a different reading against similar owners.

Limits on inactive HOA enforcement

If your association has not met for 15 years, it cannot enforce covenants against you. This applies when your use is substantially similar to other parcels in the development. Enforcement still applies to follow laws, protect easements, maintain infrastructure, obey court or government approvals, handle utilities, or stop a nuisance.

More parties can enforce HOA rules

An association or any party with a land interest can sue to enforce covenants, conditions, or restrictions. This clarifies who can bring enforcement cases.

Sponsors & Cosponsors

Sponsor

  • Jedediah Hinkle

    Republican • House

Cosponsors

  • Daniel Emrich

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 247 • No: 48

House vote • 4/16/2025

Do Concur

Yes: 34 • No: 16

House 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

Do Pass

Yes: 91 • No: 7

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025House

  2. Signed by Governor

    5/5/2025House

  3. Transmitted to Governor

    4/25/2025House

  4. Signed by President

    4/25/2025Senate

  5. Signed by Speaker

    4/24/2025House

  6. Returned from Enrolling

    4/19/2025House

  7. Sent to Enrolling

    4/16/2025House

  8. 3rd Reading Concurred

    4/16/2025Senate

  9. 2nd Reading Concurred

    4/15/2025Senate

  10. Committee Report--Bill Concurred

    4/3/2025Senate

  11. Committee Executive Action--Bill Concurred

    4/3/2025Senate

  12. Hearing

    3/28/2025Senate

  13. Hearing Canceled

    2/19/2025House

  14. Hearing

    2/14/2025Senate

  15. Referred to Committee

    2/13/2025Senate

  16. First Reading

    1/28/2025Senate

  17. Transmitted to Senate

    1/27/2025House

  18. 3rd Reading Passed

    1/27/2025House

  19. Fiscal Note Printed

    1/27/2025House

  20. Fiscal Note Signed

    1/27/2025House

  21. Fiscal Note Received

    1/27/2025House

  22. 2nd Reading Passed

    1/24/2025House

  23. Committee Report--Bill Passed as Amended

    1/21/2025House

  24. Fiscal Note Requested

    1/21/2025House

  25. Committee Executive Action--Bill Passed as Amended

    1/20/2025House

Bill Text

  • Enrolled

    4/17/2025

    PDF

  • As Amended (Version 2)

    1/21/2025

    PDF

  • Introduced

    1/8/2025

    PDF

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