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 legal action can be initiated by a party to an agreement containing such covenants, the owner of an interest in the affected real property, or a homeowners' association or governing body of a real property development. Additionally, the bill allows property owners to assert a defense of abandonment for enforcement purposes, provided they can demonstrate that no enforcement action has been taken for a specified period.

Furthermore, the bill introduces provisions that prohibit an association or governing body from taking enforcement action against property owners whose use of the property is similar to that of other properties in the development if the association has not met for a period of 15 years. 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. The amendments aim to provide clearer guidelines for the enforcement 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