The bill amends Section 70-17-210 of the Montana Code Annotated to clarify the parties eligible to initiate legal actions for the enforcement of 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 real property, or a homeowners' association or governing body of a real property development may initiate enforcement actions. Additionally, the bill 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 introduces provisions that prevent associations or governing bodies from enforcing covenants 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. This revision aims to provide clearer guidelines for the enforcement and abandonment of property covenants while balancing the rights of property owners and associations.

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