The bill amends Section 70-17-210 of the Montana Code Annotated to provide a clearer definition of "enforcement action" in relation to covenants, conditions, and restrictions on land. It specifies that for a parcel owner to assert a defense of abandonment, they must demonstrate that no enforcement action has been taken for a prescribed period, as outlined in 27-2-202. The bill introduces a new requirement that "enforcement action" must involve consistent enforcement of the covenant across all properties subject to it for at least a two-year period. This aims to ensure fairness in the enforcement of covenants among parcel owners.

Additionally, the bill stipulates that an association that has not convened for a specified number of years cannot take enforcement action against a parcel owner whose use of their property is similar to that of other parcels in the development. However, it allows for the enforcement of covenants if necessary for compliance with laws, maintenance of infrastructure, or other specified reasons. The act is set to take effect immediately upon passage and approval.

Statutes affected:
LC Text: 70-17-210
HB0147_1(1): 70-17-210
HB0147_1(2): 70-17-210
HB0147_1(3): 70-17-210
HB0147_1(4): 70-17-210
HB0147_1(5): 70-17-210
HB0147_1(6): 70-17-210
HB0147_1: 70-17-210
HB0147_2(1): 70-17-210
HB0147_2(2): 70-17-210
HB0147_2(3): 70-17-210
HB0147_2(4): 70-17-210
HB0147_2(5): 70-17-210
HB0147_2(6): 70-17-210
HB0147_2(7): 70-17-210
HB0147_2(8): 70-17-210
HB0147_2: 70-17-210