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69th Legislature 2025 HB 325.1
- 1 - Authorized Print Version – HB 325
1 HOUSE BILL NO. 325
2 INTRODUCED BY S. FITZPATRICK
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING COVENANT LAWS; AND AMENDING SECTION 70-17-
5 210, MCA.”
6
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
8
9 Section 70-17-210, MCA, is amended to read:
10 "70-17-210. (1) An association or any party to an
11 interest in land subject to a covenant, condition, or restriction The following persons may initiate a legal action
12 to enforce covenants, conditions, or restrictions. :
13 (a) a party to an agreement containing real property covenants, conditions, or restrictions or the
14 party's successors in interest;
15 (b) the owner of an interest in real property burdened or benefited by a covenant, condition, or
16 restriction; or
17 (c) a homeowners' association or other governing body of a real property development subject to
18 covenants, conditions, or restrictions.
19 (2) A parcel The owner of an interest in real property subject to a covenant, condition, or restriction
20 may assert a defense that a covenant, condition, or restriction has been abandoned for purposes of
21 enforcement by offering evidence that no enforcement action has been undertaken for the prescribed period in
22 27-2-202. Once a covenant, condition, or restriction is abandoned by a court order or agreed to have been
23 abandoned by the approval of the appropriate association or governing body, by recording a notice of
24 abandonment or amendment in the office of the county clerk and recorder of the county where the
25 developmentproperty is situated, all persons are precluded from undertaking a different interpretation or
26 enforcement action of the abandoned covenant, condition, or restriction against a similarly situated parcel
27 owner in the same development of an interest in real property subject to the abandoned covenant, condition, or
28 restriction. ****
69th Legislature 2025 HB 325.1
- 2 - Authorized Print Version – HB 325
1 (3) (a) Except as provided in subsection (3)(b), an association or governing body of a real property
2 development that has not met for a period of 15 years is prohibited from taking an enforcement action against a
3 parcel owner the owner of an interest in real property subject to a covenant, condition, or restriction whose use
4 of the parcel property is substantially similar to the nature and scope of the use of other parcels properties in
5 the development.
6 (b) Covenants, conditions, and restrictions are still valid and enforceable under this subsection (3)
7 if they are otherwise necessary:
8 (i) to comply with applicable federal, state, and local laws, ordinances, and regulations;
9 (ii) for an easement or right-of-way;
10 (iii) for the maintenance of infrastructure or improvements in the development serving the real
11 properties burdened or benefited by the covenants, conditions, or restrictions;
12 (iv) to comply with a court order or the approval provided by a government on the establishment of
13 the covenants, conditions, and restrictions;
14 (v) for the installation, maintenance, or removal of utilities; or
15 (vi) to abate a nuisance."
16 - END -