The bill amends Section 70-17-210 of the Montana Code Annotated to revise the enforcement and abandonment of covenants, conditions, and restrictions related to real property. It specifies that legal actions to enforce these covenants can be initiated by a party to the agreement, their successors, the owner of an interest in the property, or a homeowners' association. The bill also allows property owners to assert a defense of abandonment if no enforcement action has been taken for a specified period, and it establishes that once a covenant is deemed abandoned, no further enforcement actions can be taken against similarly situated property owners.

Additionally, the bill introduces a provision that prohibits associations or governing bodies from enforcing covenants against property owners if they have not met for a period of 15 years, provided the property use is similar to that of other properties in the development. However, it clarifies that covenants remain valid and enforceable if necessary for compliance with laws, easements, maintenance of infrastructure, court orders, utility management, or nuisance abatement. The amendments aim to clarify the rights and responsibilities of property owners and associations regarding covenant enforcement.

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: 70-17-210