All Roll Calls
Yes: 271 • No: 126
MontanaHB 23369th Legislature, Regular Session (2025)HouseWALLET
Provide for transfer of title of open spaces in final plat to HOA
Sponsored By: Alanah Griffith (Democrat)
Became Law
Planning and DevelopmentCities and TownsLocal GovernmentProperty
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Set vote counts for local approvals
The law defines supermajority votes for local bodies. City and town councils and consolidated city-county governments need at least two-thirds of members present and voting. Three-member county commissions must be unanimous; five-member commissions need four-fifths; larger commissions need two-thirds. These standards apply to plats recorded on or after October 1, 1973. This standardizes voting thresholds for local approvals.
Deeds do not merge lots by default
A deed or other conveyance does not combine parcels unless it clearly says so. To merge lots, the instrument must include an explicit merge statement. This applies to final subdivision plats recorded on or after October 1, 1973. This protects owners from unintended mergers but adds a step when you want to combine lots.
HOAs can own subdivision open space
The law lets a homeowners’ association ask the local government to transfer title to open space, parks, and similar areas shown on a recorded final plat. A public hearing is held, and the board issues written findings. The HOA must be organized under the covenants; the covenants must require the HOA to maintain, repair, or insure the areas; the subdivider intended HOA ownership; the land is not owned by a person; and an authorized HOA representative signs the petition. The law also defines an HOA as an owners’ group run by covenants or bylaws that can assess dues as liens and enforce rules. This applies to final plats recorded on or after October 1, 1973. Owners may gain control of common areas, and HOA dues or assessments can cover upkeep and insurance.
Sponsors & Cosponsors
Sponsor
Alanah Griffith
Democrat • House
Cosponsors
Gayle Lammers
Republican • Senate
Roll Call Votes
House vote • 4/1/2025
Do Concur
Yes: 42 • No: 8
House vote • 3/31/2025
Do Concur
Yes: 42 • No: 8
House vote • 2/11/2025
Do Pass
Yes: 63 • No: 36
House vote • 2/7/2025
AMD-HB0233.002.001 Griffith DO PASS
Yes: 64 • No: 35
House vote • 2/7/2025
Do Pass As Amended
Yes: 60 • No: 39
Actions Timeline
Chapter Number Assigned
4/18/2025HouseSigned by Governor
4/17/2025HouseTransmitted to Governor
4/9/2025HouseSigned by President
4/9/2025SenateSigned by Speaker
4/7/2025HouseReturned from Enrolling
4/2/2025HouseSent to Enrolling
4/1/2025House3rd Reading Concurred
4/1/2025Senate2nd Reading Concurred
3/31/2025Senate2nd Reading Pass Consideration
3/27/2025SenateCommittee Report--Bill Concurred
3/24/2025SenateCommittee Executive Action--Bill Concurred
3/21/2025SenateHearing
3/5/2025SenateReferred to Committee
2/17/2025SenateFirst Reading
2/12/2025SenateTransmitted to Senate
2/11/2025House3rd Reading Passed
2/11/2025House2nd Reading Passed as Amended
2/7/2025House2nd Reading Motion to Amend Carried
2/7/2025HouseCommittee Report--Bill Passed as Amended
1/29/2025HouseCommittee Executive Action--Bill Passed as Amended
1/29/2025HouseHearing
1/20/2025HouseFirst Reading
1/17/2025HouseReferred to Committee
1/17/2025HouseIntroduced
1/16/2025House
Bill Text
Enrolled
4/2/2025
As Amended (Version 3)
2/7/2025
As Amended (Version 2)
1/29/2025
Introduced
1/16/2025