Interim study of uniform common interest ownership laws

69th Legislature HJ 50
- 1 - Authorized Print Version – HJ 50
ENROLLED BILL
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
MONTANA REQUESTING AN INTERIM STUDY OF THE UNIFORM COMMON INTEREST OWNERSHIP
ACT; AND REQUESTING THAT THE FINAL RESULTS OF THE STUDY BE REPORTED TO THE 70TH
LEGISLATURE.
WHEREAS, the Montana Legislature commonly hears and considers legislation each session
regarding owners' associations; and
WHEREAS, the joint Local Government Interim Committee has studied owners' associations for the
past two legislative cycles, including learning about the makeup of owners' associations, studying our current
legal structure that applies to owners' associations, talking to stakeholders that work with owners' associations
about how to address owners' associations in Montana law, and discussing the implementation of the Uniform
Common Interest Ownership Act to address concerns about owners' associations; and
WHEREAS, during the interim committee’s work, it was discussed that the Uniform Common Interest
Ownership Act also addresses the Unit Ownership Act in Title 70, chapter 23, MCA, which governs
condominiums in Montana and has not been thoroughly amended since its adoption in 1965; and
WHEREAS, the laws in banking, insurance, title, real estate, and development industries have
significantly changed since 1965; and
WHEREAS, it was identified in the last Local Government Interim Committee that the Uniform Common
Interest Ownership Act was specifically drafted by the Uniform Law Commission to address the issues the
committee identified regarding owners' associations; and
WHEREAS, the committee asked members of the Montana Bar Association to review and draft, with
input from stakeholders, the Uniform Common Interest Ownership Act, which the Local Government Interim
Committee would consider for possible introduction to the 69th Legislature; and
69th Legislature HJ 50
- 2 - Authorized Print Version – HJ 50
ENROLLED BILL
WHEREAS, the draft of the Uniform Common Ownership Act was completed after the final meeting of
the Local Government Interim Committee and therefore could not be considered and introduced as a committee
bill; and
WHEREAS, the Uniform Common Interest Ownership Act was introduced in the 69th Legislature as
House Bill No. 619 and was co-sponsored by all sitting legislators that sat on the Local Government Interim
Committee; and
WHEREAS, the House Judiciary Committee tabled House Bill No. 619 after committee members
argued that the bill was too large and complex to understand after one hearing and needed more review; and
WHEREAS, it is in the best interests of Montanans to have comprehensive and updated laws
governing owners' associations and condominiums.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF
THE STATE OF MONTANA:
That the Legislative Council be requested to designate an appropriate interim committee or statutory
committee, pursuant to section 5-5-217, MCA, or direct sufficient staff resources to:
(1) review and analyze the Uniform Common Interest Ownership Act, as introduced in the 69th
Legislature as House Bill No. 619, for potential implementation in Montana;
(2) review and analyze the current structure of Montana law, including laws governing nonprofit
organizations in Title 35, chapter 2, MCA, the Unit Ownership Act in Title 70, chapter 23, MCA, and other laws
that specifically address owners' associations; and
(3) determine if legislative changes are warranted to address owners' associations in Montana.
BE IT FURTHER RESOLVED, that the study include representatives from interested parties, including
but not limited to the Montana Bankers Association, Montana Land Title Association, Montana Association of
Realtors, and other industry representatives as considered appropriate.
BE IT FURTHER RESOLVED, that if the study is assigned to staff, any findings or conclusions be
presented to and reviewed by an appropriate committee designated by the Legislative Council.
BE IT FURTHER RESOLVED, that all aspects of the study, including presentation and review
requirements, be concluded prior to September 15, 2026.
69th Legislature HJ 50
- 3 - Authorized Print Version – HJ 50
ENROLLED BILL
BE IT FURTHER RESOLVED, that the final results of the study, including any findings, conclusions,
comments, or recommendations of the appropriate committee, be reported to the 70th Legislature.
- END -
I hereby certify that the within bill,
HJ 50, 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 JOINT RESOLUTION NO. 50
INTRODUCED BY A. GRIFFITH, D. BAUM, M. CAFERRO, B. CARTER, B. CLOSE, M. CUNNINGHAM, C.
FITZPATRICK, M. FOX, T. FRANCE, J. HINKLE, J. ISALY, S. KELLY, C. KEOGH, K. SULLIVAN, D. JOY, S.
KLAKKEN, L. MUSZKIEWICZ, G. OVERSTREET, F. SMITH, E. STAFMAN, M. THANE, P. TUSS
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
MONTANA REQUESTING AN INTERIM STUDY OF THE UNIFORM COMMON INTEREST OWNERSHIP ACT;
AND REQUESTING THAT THE FINAL RESULTS OF THE STUDY BE REPORTED TO THE 70TH
LEGISLATURE.