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69th Legislature 2025 HB 147.1
- 1 - Authorized Print Version – HB 147
1 HOUSE BILL NO. 147
2 INTRODUCED BY J. HINKLE, C. SCHOMER, E. BUTTREY, K. ZOLNIKOV, J. GILLETTE, J. FITZPATRICK
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING A DEFINITION OF "ENFORCEMENT ACTION" TO
5 INCLUDE A TIME PERIOD AND OTHER REQUIREMENTS; AMENDING SECTION 70-17-210, MCA; AND
6 PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 70-17-210, MCA, is amended to read:
11 "70-17-210. (1) An association or any party to an
12 interest in land subject to a covenant, condition, or restriction may initiate a legal action to enforce covenants,
13 conditions, or restrictions.
14 (2) A parcel owner may assert a defense that a covenant, condition, or restriction has been
15 abandoned for purposes of enforcement by offering evidence that no enforcement action has been undertaken
16 for the prescribed period in 27-2-202. Once a covenant, condition, or restriction is abandoned by a court order
17 or agreed to have been abandoned by the approval of the appropriate association, by recording a notice of
18 abandonment or amendment in the office of the county clerk and recorder of the county where the development
19 is situated, all persons are precluded from undertaking a different interpretation or enforcement action of the
20 abandoned covenant, condition, or restriction against a similarly situated parcel owner in the same
21 development.
22 (3) (a) Except as provided in subsection (3)(b), an association that has not met for a period of 15
23 years is prohibited from taking an enforcement action against a parcel owner whose use of the parcel is
24 substantially similar to the nature and scope of the use of other parcels in the development.
25 (b) Covenants, conditions, and restrictions are still valid and enforceable under this subsection (3)
26 if they are otherwise necessary:
27 (i) to comply with applicable federal, state, and local laws, ordinances, and regulations;
28 (ii) for an easement or right-of-way; ****
69th Legislature 2025 HB 147.1
- 2 - Authorized Print Version – HB 147
1 (iii) for the maintenance of infrastructure or improvements in the development;
2 (iv) to comply with a court order or the approval provided by a government on the establishment of
3 the covenants, conditions, and restrictions;
4 (v) for the installation, maintenance, or removal of utilities; or
5 (vi) to abate a nuisance.
6 (4) For the purposes of this section, "enforcement action" related to a covenant means that the
7 covenant was equally and consistently enforced on all properties subject to the covenant over at least a 2-year
8 period."
9
10 NEW SECTION. Section 2. [This act] is effective on passage and approval.
11 - END -