HOA LAWS AND REGULATIONS
Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in the state of Montana.
Montana Unit Ownership Act (Condominiums), Mont. Code Ann. § 70-23-101, et seq.: The Act governs the formation, management, powers, and operation of condominium properties that expressly elect to be governed by the Act by recording a declaration in the recording office of the county in which the property is located. See §§ 70-23-103, 70-23-102(7).
Montana Nonprofit Corporation Act, Mont. Code Ann. § 35-2-113, et seq.: The law governs nonprofit corporations with regard to corporate structure and procedure in Montana. If a condominium or homeowners' association is organized as a nonprofit corporation, as is the case with most Montana associations, it will be governed by the Act. Visit the Montana Secretary of State to find an association's corporation status.
Montana Property Code (Servitudes, Easements, And Covenants Running With The Land), Mont. Code Ann. § 70-17-101, et seq.: The law includes numerous provisions governing, among other things, servitudes, solar easements, wind energy easements, and homeowners' association restrictions -- real property rights.
Solar Easements, Mont. Code Ann. § 70-17-301, et seq.: The statute grants property owners the right to obtain written solar easements for exposure of a solar energy device. The statute also provides guidelines for the content of solar easements. § 70-17-302.
Montana Property Code (Certain restrictions on political free speech contrary to public policy -- enforcement prohibited -- definitions), Mont. Code Ann. § 70-1-522. The law prohibits a person, homeowners' association, property owners' association from restricting the placement of a sign advocating the election, appointment, or defeat of a public office candidate on the owner's property. Associations may limit the size, location, and period during which signs may be displayed.
Montana Human Rights Act (Illegal Discrimination), Mont. Code Ann. § 49-2-101, et seq.: The law protects people's right to access all housing opportunities without discrimination based on sex, marital status, race, creed, religion, age, familial status (the presence of children under the age of 18), physical or mental disability (including the need for service animals and reasonable accommodations), color, or national origin. § 49-2-305. See also, § 49-2-101 (Definitions).
The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination may file a complaint with the Montana Human Rights Bureau, HUD, or file a private lawsuit in federal or state court.
Recommended Reading:
GOVERNMENT AGENCIES
Federal Agencies - List of federal agencies with oversight authority over homeowners’ associations.
Montana Human Rights Bureau - The Commission has the authority to investigate alleged violations of housing discrimination. It may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred.
Montana Government Portal - Search for government information by topic and agency.
Montana Attorney General - The office of the attorney general plays an important role in protecting the state's citizens.
HOA INFORMATION AND DOCUMENTS
Montana Homeowners' Association Directory - Find the association's contact information, list of active board members, articles of incorporation, and important corporation information by searching for the subdivision or community name.
Montana Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.
LEGAL RESOURCES
Montana Legislature - Search your state representative and the legislation (or, "statutory law") database.
Montana Judicial Branch - Find court information, self-help, forms, court documents, search cases, and legal opinions.
State Bar of Montana - The office provides public access to a lawyer directory, lawyer referral service, and free or low-cost legal services.
Montana Legal Services Association - The office provides free legal services in non-criminal cases to low-income individuals.
Montana Legal Service Developer Program - The office provides legal resources for senior citizens, family members, and social outreach workers.
Montana Office of Disciplinary Counsel - The office has the authority to investigate, among other things, possible lawyer misconduct and disability.
American Arbitration Association - The association, provides alternative dispute resolution (ADR) services.