Montana legislation · 2025 Regular Session
Montana SB400: Provide for property owners to vote to add, remove, amend easements and covenants
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act allowing owners to vote to add, remove, or amend easements and covenants; providing a process to amend easements and covenants; and providing an immediate effective date and an applicability date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING OWNERS TO VOTE TO ADD, REMOVE, OR AMEND EASEMENTS AND COVENANTS; PROVIDING A PROCESS TO AMEND EASEMENTS AND COVENANTS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Opportunity to vote on easements, covenants, conditions, and restrictions -- ownership rights -- alternative amendment procedures. (1) An easement, covenant, condition, or restriction on residential property pursuant to a recorded document such as a declaration of covenants or similar document that applies to multiple properties may not be adopted, removed, or amended unless all owners of property subject to the easement, covenant, condition, or restriction have the opportunity to vote on the adoption, removal, or amendment and at least a majority of LOT owners voting vote to adopt, remove, or amend the easement, covenant, condition, or restriction, EXCEPT THAT IF ALL OWNERS OF LOTS SUBJECT TO THE EASEMENT, COVENANT, CONDITION, OR RESTRICTION CONSENT IN WRITING TO ADOPT, REMOVE, OR AMEND THE EASEMENT, COVENANT, CONDITION, OR RESTRICTION AFTER NOTICE IS PROVIDED, THEN THE NEED FOR A VOTE MAY BE WAIVED. (2) A EXCEPT AS PROVIDED IN SUBSECTION (1), A person OR ENTITY who THAT owns property subject to easements, covenants, conditions, or restrictions may not be deprived for …
Sponsors
- Bogner, Kenneth (R, 18) · primary sponsor
Latest actions
- : (H) Died in Committee
- : (H) Tabled in Committee
- : (H) Hearing
- : (H) 1st Reading
- : (H) Referred to Committee
- : (S) Transmitted to House
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
- : (S) 2nd Reading
- : (S) Scheduled for 2nd Reading
Votes
- Do Pass (March 6, 2025): 47 yea, 3 nay, passed
- Do Pass (March 5, 2025): 48 yea, 2 nay, passed
Subjects: Property, Planning
Common questions
- What is SB400?
- SB400 is a bill in the Montana Legislature (2025 Regular Session): Provide for property owners to vote to add, remove, amend easements and covenants.
- What does SB400 do?
- In its own words: A bill for an act entitled: "an act allowing owners to vote to add, remove, or amend easements and covenants; providing a process to amend easements and covenants; and providing an immediate effective date and an applicability date.".
- What is the status of SB400?
- Failed as of May 23, 2025. Latest action: (H) Died in Committee (May 23, 2025).
- Who sponsored SB400?
- Bogner, Kenneth (R, 18).
- Where is the official record for SB400?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0848
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.