House Bill No. introduced by G. Overstreet aims to revise residential covenant laws in Montana to enhance the protection of real property rights. The bill stipulates that no person can impose more onerous restrictions on a property owner than those that existed at the time of acquisition, unless the property owner provides written consent at the time of the covenant's adoption or amendment. Additionally, if a property owner claims an exception to these restrictions, they must record this exception with the county clerk and notify other affected property owners. The bill also clarifies that successors-in-interest cannot claim these exceptions if the restrictions were established before their purchase, with specific exceptions for family members and lenders.

The bill amends Section 70-17-901 of the Montana Code Annotated, reinforcing that homeowners' associations cannot enforce more stringent restrictions than those in place at the time a member acquired their property without written consent. It also specifies that existing covenants remain valid and do not create a private right of action for actions occurring before a specified date. The bill includes definitions for key terms such as "homeowners' association," "member," and "real property," and it establishes that the new provisions will be codified as part of Title 70, chapter 17, part 2, with an immediate effective date upon passage and approval.

Statutes affected:
LC Text: 70-17-901
HB0761_1(1): 70-17-901
HB0761_1(2): 70-17-901
HB0761_1(3): 70-17-901
HB0761_1(4): 70-17-901
HB0761_1(5): 70-17-901
HB0761_1(6): 70-17-901
HB0761_1: 70-17-901