Revise covenant laws

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69th Legislature 2025 HB 325
- 1 - Authorized Print Version – HB 325
ENROLLED BILL
AN ACT REVISING COVENANT LAWS; AND AMENDING SECTION 70-17-210, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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 The following persons may initiate a legal action
to enforce covenants, conditions, or restrictions. :
(a) a party to an agreement containing real property covenants, conditions, or restrictions or the
party's successors in interest;
(b) the owner of an interest in real property burdened or benefited by a covenant, condition, or
restriction; or
(c) a homeowners' association or other governing body of a real property development subject to
covenants, conditions, or restrictions.
(2) A parcel The owner of an interest in real property subject to a covenant, condition, or restriction
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 or governing body, by recording a notice of
abandonment or amendment in the office of the county clerk and recorder of the county where the
developmentproperty 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 of an interest in real property subject to the abandoned covenant, condition, or
restriction.
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69th Legislature 2025 HB 325
- 2 - Authorized Print Version – HB 325
ENROLLED BILL
(3) (a) Except as provided in subsection (3)(b), an association or governing body of a real property
development that has not met for a period of 15 years is prohibited from taking an enforcement action against a
parcel owner the owner of an interest in real property subject to a covenant, condition, or restriction whose use
of the parcel property is substantially similar to the nature and scope of the use of other parcels properties in
the development.
(b) Covenants, conditions, and restrictions are still valid and enforceable under this subsection (3)
if they are otherwise necessary:
(i) to comply with applicable federal, state, and local laws, ordinances, and regulations;
(ii) for an easement or right-of-way;
(iii) for the maintenance of infrastructure or improvements in the development serving the real
properties burdened or benefited by the covenants, conditions, or restrictions;
(iv) to comply with a court order or the approval provided by a government on the establishment of
the covenants, conditions, and restrictions;
(v) for the installation, maintenance, or removal of utilities; or
(vi) to abate a nuisance."
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I hereby certify that the within bill,
HB 325, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 325
INTRODUCED BY S. FITZPATRICK
AN ACT REVISING COVENANT LAWS; AND AMENDING SECTION 70-17-210, MCA.