HOA Laws in Montana

Montana does not have a single comprehensive homeowners association statute. Condominiums are governed by the Montana Unit Ownership Act, Title 70, Chapter 23. Most other HOAs are governed by their recorded documents and by corporate law. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing framework

If your community is a condominium, the Unit Ownership Act controls most operations, including creation, management, assessments, and liens. If your community is a traditional HOA, there is no detailed statewide HOA code, so your recorded declaration of covenants (CC&Rs) and bylaws carry significant weight. Most Montana HOAs are incorporated as nonprofit corporations, so Title 35 governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and records

For traditional HOAs, meetings, notice, and records access are governed mainly by the bylaws and by the nonprofit corporation law, which gives members certain inspection rights. Condominium associations follow the provisions of the Unit Ownership Act.

Elections and voting

Directors are elected by the members as provided by the bylaws and the corporation law, with notice, quorum, proxy, and ballot procedures following the governing documents.

Assessments, liens, and foreclosure

Condominium associations may place and enforce a lien for unpaid assessments under the Unit Ownership Act. Traditional HOAs derive their assessment and lien authority mainly from their governing documents, enforced under general Montana law. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

For most Montana HOAs, the authority to fine comes from the governing documents rather than a detailed state statute. Boards should confirm their documents authorize fines and should provide fair notice and an opportunity to be heard.

Reserves and budgets

Montana does not impose a statewide reserve-study or reserve-funding mandate on HOAs. Budgeting and reserve practices follow the community's documents, and funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

Montana addresses certain owner rights by statute, and the recorded restrictions otherwise control. Owners and boards should read the CC&Rs carefully and confirm any applicable state limits.

Where to get official help

The Montana Unit Ownership Act appears in Title 70 of the Montana Code Annotated, and the Nonprofit Corporation Act in Title 35. Because Montana leaves much to the governing documents, consulting a Montana attorney experienced in community association law is especially valuable.