The bill amends Section 70-17-210 of the Montana Code Annotated to clarify the parties eligible to initiate legal actions for enforcing covenants, conditions, or restrictions related to real property. The new language specifies that a party to an agreement containing such covenants, the owner of an interest in the affected property, or a homeowners' association or governing body of a real property development can initiate enforcement actions. Additionally, it allows property owners to assert defenses based on the abandonment of covenants, conditions, or restrictions, provided that evidence is presented showing a lack of enforcement action over a specified period.

Furthermore, the bill establishes that an association or governing body that has not convened for 15 years cannot take enforcement action against property owners whose use of their property is similar to that of other properties in the development. However, it maintains that covenants, conditions, and restrictions remain valid and enforceable if necessary for compliance with laws, easements, maintenance of infrastructure, or other specified circumstances. This revision aims to provide clearer guidelines for the enforcement and abandonment of property covenants while protecting property owners' rights.

Statutes affected:
LC Text: 70-17-210
HB0325_1(1): 70-17-210
HB0325_1(2): 70-17-210
HB0325_1(3): 70-17-210
HB0325_1(4): 70-17-210
HB0325_1(5): 70-17-210
HB0325_1(6): 70-17-210
HB0325_1: 70-17-210
HB0325_X(1): 70-17-210
HB0325_X(2): 70-17-210
HB0325_X: 70-17-210