Montana legislation · 2025 Regular Session
Montana HB147: Revise laws related to covenants to provide definition of enforcement action
Status: Signed into law, May 8, 2025
What the bill says
An act providing a definition of enforcement action to include a time period and other requirements; amending section 70-17-210, mca; and providing an immediate effective date.
From the engrossed text:
AN ACT PROVIDING A DEFINITION OF ENFORCEMENT ACTION TO INCLUDE A TIME PERIOD AND OTHER REQUIREMENTS; AMENDING SECTION 70-17-210, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. Section 1. Section 70-17-210, MCA, is amended to read: "70-17-210. Covenant enforcement and abandonment. (1) An association or any party to an interest in land subject to a covenant, condition, or restriction may initiate a legal action to enforce covenants, conditions, or restrictions. (2) A parcel owner may assert a defense that a covenant, condition, or restriction has been abandoned for purposes of enforcement by offering evidence that no enforcement action has been undertaken for the prescribed period in 27-2-202. Once a covenant, condition, or restriction is abandoned by a court order or agreed to have been abandoned by the approval of the appropriate association, by recording a notice of abandonment or amendment in the office of the county clerk and recorder of the county where the development is situated, all persons are precluded from undertaking a different interpretation or enforcement action of the abandoned covenant, condition, or restriction against a similarly situated parcel owner in the same development. (3) (a) Except as provided in subsection (3)(b), an association that has not met for a period of 15 years is prohibited from taking an enforcement action against a parcel owner whose use of the …
Sponsors
- Hinkle, Jedediah (R, 67) · primary sponsor
- Emrich, Daniel (R, 11)
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
- : (S) 2nd Reading
Votes
- Do Concur (April 16, 2025): 34 yea, 16 nay, passed
- Do Concur (April 15, 2025): 32 yea, 18 nay, passed
- Do Pass (January 27, 2025): 90 yea, 7 nay, passed
- Do Pass (January 24, 2025): 91 yea, 7 nay, passed
Subjects: Property, Courts
Common questions
- What is HB147?
- HB147 is a bill in the Montana Legislature (2025 Regular Session): Revise laws related to covenants to provide definition of enforcement action.
- What does HB147 do?
- In its own words: An act providing a definition of enforcement action to include a time period and other requirements; amending section 70-17-210, mca; and providing an immediate effective date.
- What is the status of HB147?
- Signed into law as of May 8, 2025. Latest action: Chapter Number Assigned (May 8, 2025).
- Who sponsored HB147?
- Hinkle, Jedediah (R, 67), with 1 co-sponsor.
- Where is the official record for HB147?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1272
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.