Quick Answer
Montana has no comprehensive HOA act. Condominiums are governed by the Unit Ownership Act, Title 70, chapter 23, MCA, once a declaration is recorded. Homeowners' associations are governed mainly by their recorded covenants and bylaws, the Montana Nonprofit Corporation Act (Title 35, chapter 2, MCA) if incorporated, and a few targeted statutes such as 70-17-901 and 70-1-522, MCA.
Which laws govern HOAs and condominiums in Montana
Montana is a light-regulation state for community associations. There is no single statute that sets meeting, reserve, fine or election rules for every HOA. Instead, several sources apply depending on how the community was created.
Unit Ownership Act (condominiums). Title 70, chapter 23, MCA, is titled the Unit Ownership Act, Condominiums. Under 70-23-103, property is submitted to the chapter by recording a declaration, and a declaration for a townhome or townhouse may be executed under that section; the chapter applies to townhomes only if such a declaration is executed. Section 70-23-506 requires unit owners to comply with the bylaws, rules and recorded covenants, and makes noncompliance grounds for an action by the association or an aggrieved owner. Section 70-23-507 requires associations of unit owners to abide by 70-17-901.
Homeowners' association restrictions. Section 70-17-901, MCA, provides that a homeowners' association may not enter into, amend or enforce a covenant, condition or restriction that imposes more onerous restrictions on the types of use of a member's real property than those that existed when the member acquired the property, unless the affected owner agrees in writing at the time. A member who claims the benefit must ask that the exception be recorded, and the statute has limits for successors in interest and its own exceptions. Section 70-1-522, MCA, separately prevents associations from prohibiting certain political signs, while allowing limits on size, location and display period.
Nonprofit Corporation Act. Many Montana HOAs incorporate as nonprofit corporations, which brings in Title 35, chapter 2, MCA. For example, 35-2-416 sets a general standard for directors: good faith, the care an ordinarily prudent person in a similar position would exercise, and a reasonable belief that actions are in the corporation's best interests. Sections 35-2-906 and 35-2-907 govern corporate records and member inspection.
Beyond statutes, the declaration, bylaws and rules do most of the work. See HOA governing documents explained, how an HOA works, and what powers an HOA has. For condo specifics, see what a condo association is.
Montana HOA law at a glance
| Topic | What Montana law says (verified) |
|---|---|
| Assessments and liens | Condominiums: under 70-23-607, an association acting through its manager that furnishes services or materials chargeable as common expenses may claim a lien, prior to all other liens except tax and assessment liens and a first mortgage or trust indenture of record, after recording a verified claim in the county. Section 70-23-608 addresses foreclosure. Non-condominium HOAs: no general statute identified; see your documents and consult counsel. |
| Records access | Condominiums: 70-23-606 requires the manager to keep detailed records of receipts and expenditures affecting the common elements, available to owners at the manager's place of business at convenient weekday hours. Incorporated HOAs: 35-2-907 allows member inspection on written notice at least 5 business days ahead, with a good-faith, proper-purpose requirement for some categories. |
| Meetings and elections/voting | No general HOA meeting statute identified; see your documents. Incorporated associations also look to Title 35, chapter 2, parts 4 and 5, MCA, on directors, meetings and member voting. |
| Reserves | No general reserve funding mandate identified; see your documents. |
| Fines and enforcement | No general fine statute identified; see your documents. For condominiums, 70-23-506 makes noncompliance with bylaws, rules and covenants grounds for an action by the association or an aggrieved owner. |
| Rental restrictions | Section 70-17-901 limits new or amended use restrictions that are more onerous than those existing at purchase, unless the owner agrees in writing. Secondary guides read this as reaching rental limits; confirm the application to your situation with counsel. |
| Architectural review | See your documents. Sign rules must respect 70-1-522 for political signs. |
| Board duties | For incorporated HOAs, 35-2-416 sets the director standard of good faith, ordinary prudence and best interests of the corporation. |
These are summaries and each section contains conditions and exceptions. Related guides: HOA reserve funds explained, HOA violations and enforcement guide, HOA board member responsibilities and HOA rental caps.
What a lack of statute means for boards
Because Montana has no comprehensive HOA statute, boards must read their own documents carefully. Voting thresholds for amendments, assessment authority, fine procedures and reserve policy typically come from the declaration and bylaws. Sound practice, even where no statute demands it, includes written notice of meetings, documented hearings before penalties, adopted rules, and consistent enforcement. Courts generally apply the documents and general contract and property law, so clarity in those documents helps avoid disputes.
Using 70-17-901 carefully
Section 70-17-901 can affect amendments that tighten use restrictions. A board that wants to adopt a new restriction should ask counsel whether the statute requires written consent from each affected owner, and how existing owners' exceptions would be recorded.
Recent changes
Two of the most relevant recent developments are the 2019 enactment of 70-23-507 tying condominium associations to 70-17-901, and the 2023 creation of the property manager licensing chapter, Title 37, chapter 56, MCA, which was amended again in 2025 as reflected in the history of 37-56-104. Our running summary is in Montana HOA law changes 2021-2025. Always check the current statute text or ask counsel before relying on a summary.
Remote HOA management in Montana
Most day-to-day association work does not require a manager to be on site. With remote management, the board and owners use a cloud dashboard for financial reports, budgets, work orders and governing documents; owners pay dues online; violations are logged and tracked digitally with notices and photos; and the board reaches the management team by phone, email or video for meetings and decisions. Vendors can still be coordinated locally, and site visits can be scheduled when a board wants them. Learn more about remote HOA management in Montana or review our pricing.
On licensing, Montana's Title 37, chapter 56, MCA, requires a property manager license (37-56-103) overseen by the Department of Labor and Industry, but 37-56-101 defines a property manager in terms of leasing, renting and similar activity involving real estate, and I did not verify whether or how that chapter applies to managers of HOA or condominium associations, so Montana associations should confirm with the Department before engaging a manager. More generally, rules on manager licensing and registration vary by state, and associations should confirm what applies in Montana.
Frequently Asked Questions
Does Montana have an HOA act?
No. Montana has no comprehensive HOA statute. Condominiums fall under the Unit Ownership Act, Title 70, chapter 23, MCA, and other associations rely on recorded covenants, bylaws, the Nonprofit Corporation Act if incorporated, and targeted statutes like 70-17-901.
Can a Montana HOA add stricter restrictions after I buy?
Under 70-17-901, an HOA may not impose more onerous use restrictions than those existing when you acquired your property unless you expressly agree in writing, subject to the statute's procedures and exceptions. Ask counsel how it applies to your facts.
Can I inspect my Montana HOA's records?
For incorporated associations, 35-2-907 allows member inspection on written notice at least 5 business days in advance, with additional conditions for certain records. Condominium owners may examine records of common-element receipts and expenditures under 70-23-606.
Can a Montana HOA ban political signs?
Section 70-1-522 prevents associations from prohibiting signs about candidates or ballot issues on an owner's property or on common areas in which the owner holds an undivided interest, though associations may regulate size, location and display period.
Are Montana HOAs required to fund reserves?
I did not identify a general statute requiring reserve funding for Montana HOAs, so the requirement, if any, comes from the governing documents. Boards still benefit from a reserve study; see our reserve funds guide.
How APM Helps
Association Property Managers (APM) provides HOA and condominium management from offices in East Lansing, Michigan and Dublin, California, and offers remote management to boards nationwide. Our association management services cover financials, assessment collection, vendor coordination, violation tracking and board support. To see what fits your community, request a free proposal; we return proposals within 3 business days. You can also call 810.777.7060.
This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in Montana. Last verified October 25, 2026.
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