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MontanaHB 32569th Legislature, Regular Session (2025)HouseWALLET

Revise covenant laws

Sponsored By: Steve Fitzpatrick (Republican)

Became Law

PropertyCourts

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Bill Overview

Analyzed Economic Effects

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

New defense for abandoned covenants

The law gives you a clear defense when a covenant sits unused. You can show that no one enforced it for the time set in 27-2-202. A court order, or approval by the association or governing body, can confirm abandonment. You must also record a notice of abandonment or amendment with the county clerk and recorder. Once recorded, no one in the development can later enforce or reinterpret that covenant against owners in the same situation.

Dormant homeowners' associations face 15-year limit

The law blocks enforcement by an association that has not met for 15 years. It cannot act against an owner whose use is substantially similar to other parcels in the development. But enforcement still applies when needed to follow laws, create easements or rights-of-way, maintain shared roads or improvements, follow a court order or government approval, install, maintain, or remove utilities, or stop a nuisance.

Who can enforce property covenants

The law clarifies who can sue to enforce property covenants. A party to the agreement, or that party’s successor, can file a case. Any owner with land that is burdened or benefited by the covenant can sue. A homeowners’ association or other governing body can sue too.

Sponsors & Cosponsors

Sponsor

  • Steve Fitzpatrick

    Republican • House

Cosponsors

  • Cora Neumann

    Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 290 • No: 6

House vote • 4/8/2025

Do Concur

Yes: 47 • No: 1

House vote • 4/7/2025

Do Concur

Yes: 48 • No: 1

House vote • 2/19/2025

Do Pass

Yes: 98 • No: 2

House vote • 2/18/2025

Do Pass

Yes: 97 • No: 2

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025House

  2. Signed by Governor

    5/1/2025House

  3. Transmitted to Governor

    4/22/2025House

  4. Signed by President

    4/21/2025Senate

  5. Signed by Speaker

    4/18/2025House

  6. Returned from Enrolling

    4/10/2025House

  7. Sent to Enrolling

    4/8/2025House

  8. 3rd Reading Concurred

    4/8/2025Senate

  9. 2nd Reading Concurred

    4/7/2025Senate

  10. Committee Report--Bill Concurred

    3/21/2025Senate

  11. Committee Executive Action--Bill Concurred

    3/20/2025Senate

  12. Hearing

    3/18/2025Senate

  13. Referred to Committee

    3/1/2025Senate

  14. First Reading

    2/20/2025Senate

  15. Transmitted to Senate

    2/19/2025House

  16. 3rd Reading Passed

    2/19/2025House

  17. 2nd Reading Passed

    2/18/2025House

  18. Committee Report--Bill Passed

    2/12/2025House

  19. Committee Executive Action--Bill Passed

    2/12/2025House

  20. Committee Executive Action--Bill Passed

    2/12/2025House

  21. Hearing

    1/30/2025House

  22. First Reading

    1/28/2025House

  23. Referred to Committee

    1/28/2025House

  24. Introduced

    1/28/2025House

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • Introduced

    1/28/2025

    PDF

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