Senate Bill No. [insert bill number] aims to revise residential covenant laws in Montana to enhance the protection of real property rights for homeowners. The bill stipulates that no person can impose more onerous restrictions on a property owner than those that were in place when the property was acquired, unless the owner agrees in writing to such changes. Additionally, it establishes that successors-in-interest cannot claim benefits from these restrictions if they were adopted before their purchase, with certain exceptions for family members and lenders. The bill also clarifies that existing covenants remain valid and that enforcement of restrictions is permissible as long as they were in place at the time of acquisition.

The bill amends Section 70-17-901 of the Montana Code Annotated, reinforcing the same principles for homeowners' associations. It specifies that associations cannot enforce more restrictive covenants than those existing at the time of property acquisition without the owner's consent. The bill includes provisions for recording exceptions and outlines definitions relevant to homeowners' associations and property use. It also establishes that the act will take effect immediately upon passage and approval.

Statutes affected:
LC Text: 70-17-901
SB0431_1(1): 70-17-901
SB0431_1(2): 70-17-901
SB0431_1(3): 70-17-901
SB0431_1: 70-17-901