In Montana, there is no single statute called "the HOA Act." Montana has a concise condominium statute, but a traditional homeowners association relies mostly on its own recorded documents and the nonprofit corporation law. The first questions are whether your community is a condominium and whether the association is incorporated. For your specific situation, a licensed Montana attorney is the right resource. This is general information, not legal advice.
The full Montana stack typically includes:
- Montana Unit Ownership Act, MCA Title 70, Chapter 23 — Montana's condominium statute. 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. Part 10 (Enforcement and Penalty) was repealed.
- Montana Nonprofit Corporation Act, MCA Title 35, Chapter 2 — the entity law for HOAs and condo associations incorporated as nonprofits. For most disputes, this layer plus the bylaws does the heavy lifting.
- The recorded governing documents — the declaration, bylaws, and rules. For non-condominium HOAs, these are central.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.
The condominium statute is concise
Chapter 23 governs condominiums, but it is brief. It does not impose the detailed records, meeting, and fining procedures that modern comprehensive acts (like Rhode Island's or West Virginia's) do. That means the framework Montana owners actually rely on usually comes from elsewhere — the declaration, the bylaws, and the entity law. See Which Montana Laws Govern Your HOA or Condo?.
Compliance and enforcement (§ 70-23-506)
For condominiums, the statute requires owners to comply with the documents and provides a private right of action:
"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
Note what this does and doesn't do: it makes non-compliance the basis for a lawsuit, but it does not authorize a specific fine schedule. Any fine power comes from the documents.
Records (§ 70-23-606)
The condominium records provision is brief and access is on the manager's terms:
"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
There is no statutory deadline. For non-condo HOAs, records come from the bylaws and — for incorporated HOAs — the Nonprofit Corporation Act. See Getting Your HOA's Records in Montana.
The assessment lien (§§ 70-23-607, 608)
For condominiums, § 70-23-607 gives the association a lien for unpaid common expenses, with priority "prior to all other liens or encumbrances upon the unit except" tax and assessment liens and "a first mortgage or trust indenture of record." Foreclosure of the lien under § 70-23-608 "shall conform as nearly as possible to the proceedings to foreclose liens created by Title 71, chapter 3, part 5" — Montana's general mortgage-foreclosure framework. The association can also sue for a money judgment without foreclosing. For non-condominium HOAs, any lien comes from the declaration. See Can a Montana HOA Foreclose Over Dues?.
Frequently asked questions
Does Montana have a general HOA statute?
No. Montana has a concise condominium statute (the Unit Ownership Act, Title 70, Ch. 23), but no comprehensive statute governing non-condominium homeowners associations. Those communities are governed by their declaration, the Montana Nonprofit Corporation Act (Title 35, Ch. 2), and general Montana law.
Where do my records rights come from?
For condominiums, the Unit Ownership Act (§ 70-23-606) makes records "available for examination at the manager's place of business…at convenient hours of weekdays." For incorporated HOAs, member inspection rights come from the Nonprofit Corporation Act (Title 35, Ch. 2) and the bylaws.
Is there a statutory cap on HOA fines in Montana?
No. The Unit Ownership Act's enforcement part (Part 10) was repealed, and there is no general HOA fining statute. Fine authority comes from the declaration and bylaws, with the fiduciary duties of the Nonprofit Corporation Act as a backstop for incorporated associations.