The bill aims to revise homeowners' association laws in Montana by establishing clearer rights for owners of residential property and imposing limitations on the enforcement of covenants, conditions, and restrictions. Key provisions include that no covenant can be enforced against an owner if similar violations have gone unaddressed for over three years, and owners cannot be restricted from maintaining structures that are not visible from neighboring properties. Additionally, any new or amended covenants must receive majority approval from all owners, and homeowners' associations are limited in their ability to raise dues or impose special assessments without a majority vote.
Significant deletions from current law include the removal of provisions regarding the continuation of nonconforming uses under municipal zoning. The bill also introduces new definitions and clarifies the rights of owners, including their voting rights and the process for recording exceptions to covenants. The act is set to take effect immediately upon passage and includes retroactive applicability to prevent the enforcement of certain existing restrictions. Overall, the bill seeks to enhance the rights of homeowners while ensuring that any changes to community rules are made democratically.