Records & TransparencyMT
Getting Your HOA's Records in Montana
By The HOARebel Team · May 31, 2026 · 2 min read · Updated June 2, 2026
When a Montana board won't explain where the money goes, the records usually hold the answer. Montana's records framework depends on whether your community is a condominium and whether the HOA is incorporated — because the condominium statute is concise and there's no general HOA act. For your specific situation, a licensed Montana attorney is the right resource. This is general information, not legal advice.
The condominium records provision (§ 70-23-606)
For condominiums under MCA Title 70, Chapter 23, the records provision puts the obligation on the manager and the access at the manager's place of business:
"Records and supporting vouchers shall be available for examination at the manager's place of business by the unit owners at convenient hours of weekdays." — Mont. Code Ann. § 70-23-606
The statute does not set a number-of-days deadline, and access is limited to weekday business hours at the manager's location. The records the manager must keep are "detailed accurate records in chronological order of the receipts and expenditures affecting the common elements."
For incorporated HOAs: the Nonprofit Corporation Act
Most Montana HOAs are incorporated as nonprofits under the Montana Nonprofit Corporation Act (Title 35, Ch. 2). That layer supplies member rights to inspect corporate records — books of account, minutes, and membership records — subject to the conditions the Act imposes. For HOAs that aren't condominiums, this is the principal records framework, alongside the bylaws.
Two sections are the operative ones. MCA § 35-2-906 lists the records a corporation must keep — including minutes of member and board meetings, accounting records, a membership list, the articles and bylaws, and the financial statements made available to members for the past three years. MCA § 35-2-907 is the member inspection right: a member who "gives the corporation written notice or a written demand at least 5 business days before the date on which the member wishes to inspect and copy" is generally entitled to inspect and copy those records "at a reasonable time and location specified by the corporation."
What owners commonly request
People reviewing the association's books often look at:
- The annual budget, reserves, and financial statements
- Bank statements and vendor contracts
- The declaration, bylaws, adopted rules, and any fine schedule
- Board and member meeting minutes and notices
- The current statement of any assessment against the lot
Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.
For the recorded documents themselves
The recorded declaration is always available from the county clerk and recorder's office for the property. The bylaws, adopted rules, and fine schedule may or may not be recorded — those typically come from the association under the Nonprofit Corporation Act or the bylaws.
If records are withheld
For incorporated HOAs, the Nonprofit Corporation Act makes member inspection rights enforceable. Owners commonly put requests in writing (keeping a dated copy), name the records specifically, and consult a licensed Montana attorney for an unresolved refusal.