Montana legislation · 2025 Regular Session
Montana HB761: Revise laws regarding residential covenants
Status: Failed, May 20, 2025
What the bill says
A bill for an act entitled: "an act generally revising residential covenant laws to protect real property rights; preventing any person from imposing more onerous restrictions on a property owner than those restrictions that existed when the property owner acquired the real property; amending section 70-17-901, mca; and providing an immediate effective date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING RESIDENTIAL COVENANT LAWS TO PROTECT REAL PROPERTY RIGHTS; PREVENTING ANY PERSON FROM IMPOSING MORE ONEROUS RESTRICTIONS ON A PROPERTY OWNER THAN THOSE RESTRICTIONS THAT EXISTED WHEN THE PROPERTY OWNER ACQUIRED THE REAL PROPERTY; AMENDING SECTION 70-17-901, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Rights of ownership for residential property -- limitations on enforcement. (1) (a) A covenant, condition, or restriction is not enforceable against an owner of residential real property by any other person in a way that imposes more onerous restrictions on the types of use of an owner's real property than those restrictions that existed when the owner acquired the owner's interest in the real property, unless the owner of the affected real property expressly agrees in writing at the time of the adoption or amendment of the covenant, condition, or restriction that is the subject of the attempted enforcement. (b) When an owner claims the benefit of an exception under this subsection (1), the owner shall record the exception applicable to the owner with the office of the county clerk and recorder of the county where the real property is situated and shall pay the recording fees for the document setting forth …
Sponsors
- Overstreet, Greg (R, 88) · primary sponsor
Latest actions
- : (H) Died in Process
- : (H) Missed Deadline for General Bill Transmittal
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Hearing
- : (H) 1st Reading
- : (H) Referred to Committee
- : (H) Introduced
Votes
- Do Pass (March 6, 2025): 48 yea, 51 nay, failed
Subjects: Property, Planning
Common questions
- What is HB761?
- HB761 is a bill in the Montana Legislature (2025 Regular Session): Revise laws regarding residential covenants.
- What does HB761 do?
- In its own words: A bill for an act entitled: "an act generally revising residential covenant laws to protect real property rights; preventing any person from imposing more onerous restrictions on a property owner than those restrictions that existed when the property owner acquired the real property; amending section 70-17-901, mca; and providing an immediate effective date.".
- What is the status of HB761?
- Failed as of May 20, 2025. Latest action: (H) Died in Process (May 20, 2025).
- Who sponsored HB761?
- Overstreet, Greg (R, 88).
- Where is the official record for HB761?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC4384
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.