House Bill No. introduced by J. Hinkle and others establishes new requirements for homeowners' associations (HOAs) regarding entry onto real property. The bill mandates that an HOA must obtain permission from the property owner before an agent can enter the property. Additionally, the HOA is required to coordinate a convenient date and time for entry and specify which part of the property will be accessed. Property owners have the right to require their presence or that of their agent during the entry. The bill clarifies that this requirement does not affect the public access rights of HOA agents to areas generally open to the public, such as sidewalks and front pathways.
Furthermore, the bill includes specific exceptions where these requirements do not apply, such as condominiums with common elements that require access through individual units, as well as easements of record that benefit the homeowners' association. The definition of a homeowners' association is also provided, detailing its governance and authority over property assessments and community rules. The new section is intended to be codified as part of Title 70, chapter 16, part 1 of the Montana Code.