Fines & PenaltiesMT
Fighting an HOA Fine in Montana
By The HOARebel Team · May 31, 2026 · 2 min read
A fine from a Montana association can feel non-negotiable, but where the fine power comes from is more specific than most homeowners assume. Montana has no comprehensive HOA statute and the Unit Ownership Act's old Enforcement and Penalty part was repealed — so the fine authority, and the limits on it, live mostly in your documents. For your specific situation, a licensed Montana attorney is the right resource. This is general information, not legal advice.
Fine authority comes from the declaration
Because Montana's condominium statute (Title 70, Ch. 23) is concise and there's no general HOA act, the power to fine — and any cap or procedure — comes from the recorded declaration, bylaws, and adopted rules. That makes the documents the first thing to read: a fine that isn't actually authorized by the declaration, or that exceeds the adopted fine schedule, stands on weaker ground. So does a fine imposed without following the procedure the documents require.
The statutory action
For condominiums, the Unit Ownership Act expressly makes non-compliance actionable:
"Failure to comply with the bylaws, rules, covenants, conditions, and restrictions is grounds for an action maintainable by the association of unit owners or by an aggrieved unit owner." — Mont. Code Ann. § 70-23-506
That section provides for a lawsuit on a non-compliance theory, but it does not set a fine schedule or a procedure that limits the board's fine power. Those still come from the documents.
The nonprofit-law backstop
For HOAs incorporated as nonprofits under the Montana Nonprofit Corporation Act (Title 35, Ch. 2), the board owes fiduciary duties and must act within its authority. That layer doesn't set a fine schedule, but it supports challenges to a board that acts arbitrarily, outside the documents, or without the process the bylaws require. See Which Montana Laws Govern Your HOA or Condo?.
Reasonableness and process
Two themes recur: a fine should be reasonable and proportionate to the violation, and the board should follow the notice and procedure its documents require. A penalty out of proportion to the conduct, or imposed with no notice and no chance to respond, is the kind of thing a homeowner or attorney examines first.
Selective enforcement
Even a valid rule can fail in the way it's applied. When an association enforces a restriction against one owner while ignoring identical conduct elsewhere, that uneven enforcement can raise a selective enforcement problem. Owners commonly document neighbors with the same condition who were never cited — photos, dates, and addresses.
Records help build the picture
The governing documents and any adopted fine schedule are the starting point, and a records request can reach the rule, the minutes, and the notice the association sent.
Where this can go
If a fine cannot be resolved with the board, the avenues include the association's records, the courts, and a licensed Montana attorney to evaluate whether a particular fine is authorized by the documents and properly imposed.
Sources
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what Montana's law requires before an association can fine you — free, with the statute quoted for each step.