Which Montana Laws Govern Your HOA or Condo?

Before you can hold a Montana association to the law, it helps to know which law applies — and Montana does not have a single comprehensive HOA statute. Several layers operate together, and the right combination depends on whether your community is a condominium and how the association is organized. For your specific situation, a licensed Montana attorney is the right resource. This is general information, not legal advice.

The condominium statute (Title 70, Ch. 23)

Montana's condominium statute is the Unit Ownership Act, MCA Title 70, Chapter 23. It establishes the framework for condominium ownership but is concise — it does not lay out a modern records-access timeline, detailed open-meeting rules, or a comprehensive fining procedure (the original Enforcement and Penalty part was repealed). A traditional subdivision HOA, where you own a house and lot, is generally not a condominium and is not governed by Chapter 23 at all.

What the Unit Ownership Act does provide:

• Compliance (§ 70-23-506) — owners must comply with the bylaws, rules, and declaration; non-compliance is "grounds for an action maintainable by the association of unit owners or by an aggrieved unit owner."
• Records (§ 70-23-606) — the manager keeps detailed records; they are "available for examination at the manager's place of business by the unit owners at convenient hours of weekdays."
• Assessment lien (§§ 70-23-607, 608) — the association has a lien with priority over everything except taxes and "a first mortgage or trust indenture of record"; foreclosure follows Montana's general mortgage-foreclosure procedure (Title 71, Ch. 3, Part 5).

Non-condominium HOAs

For non-condominium HOAs, Montana has no general statute. Their framework comes from:

• The recorded declaration, bylaws, and rules
• The Montana Nonprofit Corporation Act (Title 35, Ch. 2), if the HOA is incorporated as a nonprofit
• General Montana contract and property law

The entity layer does the heavy lifting

Most Montana associations — condo or HOA — are incorporated as nonprofits under the Montana Nonprofit Corporation Act (Title 35, Ch. 2). Because the Unit Ownership Act is concise and there's no general HOA act, this entity law is where much of the practical detail lives: member rights to inspect records, member and board meetings, voting, and board fiduciary duties.

Federal law

Federal protections apply across the board: the Fair Housing Act (disability accommodations, familial status), the ADA, the Servicemembers Civil Relief Act, OTARD (satellite antennas), and the Freedom to Display the American Flag Act.

The full Montana stack

1. The governing documents — the recorded declaration, bylaws, and rules.
2. The condominium statute — Title 70, Ch. 23 for condominiums (concise). Non-condo HOAs have no equivalent.
3. The entity law — the Montana Nonprofit Corporation Act (Title 35, Ch. 2) if incorporated.
4. Federal law — FHA, ADA, SCRA, OTARD, Flag Act.

Because the right combination depends on whether you're a condo and how the association is organized, a licensed Montana attorney is the foundation for any specific question — from records to fines to the assessment lien.

Sources

• MCA Title 70, Chapter 23 — Unit Ownership Act
• MCA Title 35, Chapter 2 — Montana Nonprofit Corporation Act