MontanaHB 32569th Legislature, Regular Session (2025)House

Revise covenant laws

Sponsored By: Steve Fitzpatrick (Republican)

Signed by Governor

PropertyCourts

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Bill Overview

Analyzed Economic Effects

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

Defenses against old or ignored covenants

You can defend against a covenant by showing no enforcement happened during the time set in 27-2-202. If a court or the association approves abandonment and a notice is recorded with the county clerk and recorder, no one can enforce that covenant against similarly situated owners. If an association has not met for 15 years, it cannot enforce covenants against owners whose use matches other properties in the development. Exceptions allow enforcement to follow laws, protect easements, maintain infrastructure, follow court orders, work on utilities, or stop nuisances.

Homeowners and HOAs can enforce covenants

The law sets who can enforce property covenants. Parties to the covenant or their successors can sue. Any owner burdened or benefited by the covenant can sue. A homeowners’ association or other governing body can also enforce. This can increase legal enforcement and costs for some owners.

Sponsors & Cosponsors

Sponsor

Steve Fitzpatrick
Republican • House

Cosponsors

Cora Neumann
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 292 • No: 6

Senate vote • 4/8/2025

Do Concur

Yes: 47 • No: 1

Senate vote • 4/7/2025

Do Concur

Yes: 49 • No: 1

House vote • 2/19/2025

Do Pass

Yes: 98 • No: 2

House vote • 2/18/2025