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 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 the development. Additionally, the bill allows property owners to assert a defense of abandonment if no enforcement action has been taken for a specified period, and it outlines the process for recording a notice of abandonment.

Furthermore, the bill establishes that an association or governing body that has not convened for 15 years cannot enforce covenants against property owners whose use of their property is similar to that of other properties in the development. However, it maintains that covenants remain valid and enforceable if necessary for compliance with laws, easements, maintenance of infrastructure, court orders, utility management, or nuisance abatement. This revision aims to provide clearer guidelines for covenant enforcement and the rights of property owners within developments.

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