Overview of Montana HOA Law Changes 2021–2025
Montana has no umbrella HOA act — associations are governed by their own declarations plus provisions of the Montana Nonprofit Corporation Act, Title 35, Chapter 2, including remote-meeting authority at MCA 35-2-525. Condominiums are governed separately under the Montana Unit Ownership Act, MCA Title 70, Chapter 23. A pre-existing statute already limits how HOAs can restrict property compared to conditions at purchase, and it remains the most relevant framework provision.
Failed 2023 Legislation
HB 683 and HB 357 (2023) — Did Not Pass
Two bills aimed at limiting or reforming HOA covenant restrictions, HB 683 and HB 357, were introduced in the 2023 session but died in committee. Neither became law, so Montana HOA authority to impose covenant restrictions was not narrowed by these proposals.
Existing Framework — SB 300 (2019, Predates This Window)
SB 300, enacted in 2019 and therefore outside the 2021–2025 window but still the operative law, limits HOAs from imposing restrictions "more onerous" than those that existed at the time a member purchased their property, and protects members' rights to display political signs. This remains Montana's most significant HOA-specific member-protection statute.
Board Action Checklist
- Confirm your board is using the remote-meeting procedures available under the Nonprofit Corporation Act, MCA 35-2-525, if you conduct electronic meetings
- Review new or amended covenant restrictions against SB 300's "no more onerous than at purchase" standard
- Confirm your political sign policies comply with SB 300's protections
- Do not assume Montana has enacted solar rights, EV charging mandates, or fine caps for HOAs — HB 683 and HB 357 (2023), which addressed some of these areas, did not pass
- Consult Montana counsel before assuming any statutory right or requirement not found in the Montana Unit Ownership Act, the Nonprofit Corporation Act, SB 300, or your governing documents
How APM Helps Montana HOA Boards Stay Compliant
APM's remote HOA management service monitors Montana HOA and condominium law updates and provides client boards with compliance guidance and updated policy templates as the law changes. Learn about our Montana remote management services. Contact us at billing@apmhoa.com or call 810-777-7060.
Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Montana attorney for guidance specific to your community.
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