Free tool · Montana
Is my HOA fine valid in Montana?
Montana has no general HOA fining statute, and the Unit Ownership Act’s old enforcement-and-penalty part was repealed. A fine’s authority comes from your declaration, with the Nonprofit Corporation Act as a backstop.
This is general information, not legal advice, and it does not decide whether your fine is valid. For your specific situation, a licensed Montana attorney is the right resource.
Check your notice
Answer a few questions about the Montana fine or violation notice you received, and see how it compares to what the law requires.
What Montana law requires before an HOA can fine you
Governing framework: declaration & bylaws + Nonprofit Corporation Act (Title 35, Ch. 2).
With no general HOA act, the power to fine and any cap or procedure come from the declaration, bylaws, and adopted rules.
Statute: declaration & bylaws
A fine imposed without following the documents’ required notice and procedure stands on weaker ground.
Statute: declaration & bylaws
For incorporated HOAs, the board owes fiduciary duties under the Nonprofit Corporation Act; a fine should be reasonable and proportionate to the violation.
Statute: Mont. Code Ann. Title 35, Ch. 2