Montana legislation · 2025 Regular Session
Montana HB233: Provide for transfer of title of open spaces in final plat to HOA
Status: Signed into law, April 18, 2025
What the bill says
An act providing for the transfer of title of open spaces in a recorded final plat to a homeowners' association; requiring a public hearing; providing a definition; amending sections 76-3-103, 76-8-101, 76-25-103, and 76-25-411, mca; and providing an immediate effective date and a retroactive applicability date.
From the engrossed text:
AN ACT PROVIDING FOR THE TRANSFER OF TITLE OF OPEN SPACES IN A RECORDED FINAL PLAT TO A HOMEOWNERS' ASSOCIATION; REQUIRING A PUBLIC HEARING; PROVIDING A DEFINITION; AMENDING SECTIONS 76-3-103, 76-8-101, 76-25-103, AND 76-25-411, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE. Section 1. Transfer of title of open spaces in recorded final plat. (1) After a final subdivision plat has been filed for record with the county clerk and recorder, a homeowners' association may file a petition with the governing body to transfer title to the homeowners' association of any open spaces, parks, or similar common-use areas set aside in the final plat if the following conditions are (b) the covenants require the homeowners' association to maintain, repair, or insure the open spaces, parks, or similar common-use areas; and (c) the governing body finds that it was the intent of the subdivider that the open spaces, parks, or similar common-use areas be owned by the homeowners' association; and (d) the property to be transferred is not owned by a person. (2) The petition under subsection (1) must be signed by an authorized representative of the homeowners' association. (3) After a public hearing on the petition, the governing body shall issue written findings of fact and a decision based on the record. If the requirements of …
Sponsors
- Griffith, Alanah (D, 60) · primary sponsor
- Lammers, Gayle (R, 21)
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 1, 2025): 42 yea, 8 nay, passed
- Do Concur (March 31, 2025): 42 yea, 8 nay, passed
- Do Pass (February 11, 2025): 63 yea, 36 nay, passed
- Do Pass As Amended (February 7, 2025): 60 yea, 39 nay, passed
- AMD-HB0233.002.001 Griffith DO PASS (February 7, 2025): 64 yea, 35 nay, passed
Subjects: Property, Planning, Cities and Towns, Local Government
Common questions
- What is HB233?
- HB233 is a bill in the Montana Legislature (2025 Regular Session): Provide for transfer of title of open spaces in final plat to HOA.
- What does HB233 do?
- In its own words: An act providing for the transfer of title of open spaces in a recorded final plat to a homeowners' association; requiring a public hearing; providing a definition; amending sections 76-3-103, 76-8-101, 76-25-103, and 76-25-411, mca; and providing an immediate effective date and a retroactive applicability date.
- What is the status of HB233?
- Signed into law as of April 18, 2025. Latest action: Chapter Number Assigned (April 18, 2025).
- Who sponsored HB233?
- Griffith, Alanah (D, 60), with 1 co-sponsor.
- Where is the official record for HB233?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC2535
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.