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- 2025
69th Legislature 2025 HB 416
- 1 - Authorized Print Version – HB 416
ENROLLED BILL
AN ACT PROVIDING REQUIREMENTS FOR A HOMEOWNERS' ASSOCIATION TO SEEK PERMISSION
FOR ENTRY ON REAL PROPERTY; PROVIDING THAT AN OWNER OF REAL PROPERTY MAY REQUIRE
THAT THE OWNER OR THE OWNER'S AGENT BE PRESENT; AND PROVIDING A DEFINITION AND
EXCEPTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Requirements for entry on real property by agent of a homeowners' association --
exceptions. (1) (a) A homeowners' association must receive permission from an owner of real property before
an agent of the homeowners' association may enter the property.
(b) When seeking permission for an agent of the homeowners' association to enter the property,
the homeowners' association shall:
(i) seek to establish a date and time to enter the property that is convenient to the owner; and
(ii) specify what part of the property the agent of the homeowners' association seeks to access.
(2) An owner of real property may require that the owner or the owner's agent be present when an
agent of the homeowners' association enters the property.
(3) This section does not affect any implied license an agent of a homeowners' association has as
a member of the public to access the areas of real property generally open to the public, such as sidewalks,
front pathways, or the front door of a house.
(4) As used in this section, "homeowners' association" means an association of all the owners of
real property within a geographic area defined by physical boundaries that:
(a) is formally governed by a declaration of covenants, bylaws, or both;
(b) may be authorized to impose assessments that, if unpaid, may become a lien on a member's
real property; and
- 2025
69th Legislature 2025 HB 416
- 2 - Authorized Print Version – HB 416
ENROLLED BILL
(c) may enact or enforce rules concerning the operation of the community or subdivision.
(5) This section does not apply to condominiums where there are common elements that must be
accessed by entering the unit and for which the declaration of covenants or bylaws set forth the terms of
accessing the unit.
(6) This section does not apply to easements of record that specifically benefit the homeowners'
association.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
70, chapter 16, part 1, and the provisions of Title 70, chapter 16, part 1, apply to [section 1].
- END -
I hereby certify that the within bill,
HB 416, 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. 416
INTRODUCED BY J. HINKLE, L. BENNETT, C. SCHOMER, E. BUTTREY, K. ZOLNIKOV, B. BARKER, N.
DURAM, T. FALK, T. FRANCE, B. MITCHELL
AN ACT PROVIDING REQUIREMENTS FOR A HOMEOWNERS' ASSOCIATION TO SEEK PERMISSION FOR
ENTRY ON REAL PROPERTY; PROVIDING THAT AN OWNER OF REAL PROPERTY MAY REQUIRE THAT
THE OWNER OR THE OWNER'S AGENT BE PRESENT; AND PROVIDING A DEFINITION AND
EXCEPTIONS.