Montana HOA Rules for Board Members (2026)

Which Montana law applies

Montana has no single law for homeowners associations, and no Montana statute sets a violation-notice, cure, hearing or fine process, a fine cap or a delivery method for notices, for HOAs or condominiums. Your declaration, bylaws, rules and enforcement policy set those steps.
Mont. Code Ann. §70-17-901 (definitions); Title 70 (no violation procedure set)
A Montana 'homeowners' association' is an association of all owners in a defined area governed by a declaration or bylaws that may assess owners (with lien rights) and enforce rules, or a Unit Ownership Act condominium association. The Unit Ownership Act applies only to property submitted to it by a recorded declaration.
Mont. Code Ann. §70-17-901(6)(a); §70-23-103
Condominium owners must comply with the bylaws, rules and covenants; failure to do so is grounds for an action by the association of unit owners or an aggrieved unit owner.
Mont. Code Ann. §70-23-506
An HOA (including a condominium association) may not enter into, amend or enforce a covenant that imposes more onerous restrictions on the types of use (residential, agricultural or commercial use; renting for any length of time; developing as the law allows) than existed when the member acquired the property, unless the member expressly agreed in writing at the time. Restrictions that applied when the member bought can still be enforced; later buyers generally can't claim earlier changes.
Mont. Code Ann. §70-17-901(1), (2), (3), (4), (6)(e); §70-23-507

How Montana counts days

Montana's general rule for an act the law requires: don't count the first day; count the last day, unless it is a holiday, in which case it is also excluded. An act appointed by law or contract for a day that falls on a holiday or a Saturday may be done on the next business day. Whether these rules reach a period set by your own documents is a question for a Montana attorney; no Montana statute sets periods for a violation.
Mont. Code Ann. §1-1-306; §1-1-307

Violation notices and the chance to fix in Montana

Montana law sets no cure period in days; your documents control. 10 to 30 days is common practice, not a legal rule.
Title 70 (no cure period set)
No Montana statute requires a courtesy notice or sets a delivery method for a violation notice; follow your documents. Keep proof of the date and how it was sent.
Title 70 (no delivery method set)

Hearings in Montana

Montana law sets no separate path for a one-time violation. Follow your documents: notice and a chance to be heard before any fine is the fair course.
Title 70 (no violation types set)
Montana law sets no hearing right, hearing deadline or hearing-notice period for a violation, and no Montana statute found opens HOA or condominium board meetings to owners; your bylaws and enforcement policy control. At least 10 days' notice of a hearing is common practice, not a Montana rule.
Title 70; Title 35, ch. 2 (no hearing procedure set)

Fines in Montana

No Montana statute gives an HOA or condominium association the power to fine, or sets a fine procedure, dollar cap, late fee or appeal. A board may fine only if its declaration, bylaws or rules give it that power; the amount and process come from those documents. If they don't, talk to a Montana attorney first.
Title 70 (no fine rule set); your documents

Assessments, late fees and liens in Montana

HOAs with mandatory membership and lien-backed assessments (incorporated or not) and condominium associations may hold a meeting by telephone, teleconference or videoconference unless their documents provide otherwise.
Mont. Code Ann. §35-2-525; §35-2-550; §70-23-309
For HOAs that are not condominiums, no Montana statute creates an assessment lien; the recorded declaration is the only source. Talk to a Montana attorney before any lien or lawsuit.
Title 70 (no HOA lien statute); your documents

Meetings and votes in Montana

Incorporated associations: regular board meetings may be held without notice unless the articles or bylaws provide otherwise; special board meetings need at least 2 days' notice to each director of the date, time and place, unless the articles or bylaws provide otherwise.
Mont. Code Ann. §35-2-429(1), (2)

Records in Montana

Incorporated associations keep permanent minutes, accounting records and a member list; a member may inspect and copy the listed records on written notice at least 5 business days before, and accounting records, minute excerpts and the member list in good faith for a proper purpose described with reasonable particularity. Copy charges are limited to the cost of labor and material.
Mont. Code Ann. §35-2-906; §35-2-907; §35-2-908(3)

Other rules boards should know

Montana law doesn't sort violations into types. Your documents decide whether an ongoing violation gets a period to fix it, and how long.
Title 70 (no violation types set)
Since 2025, an HOA must have the owner's permission before its agent enters the owner's property, must seek a convenient date and time and say what part it needs to see, and the owner may require the owner or the owner's agent to be present. Public areas (sidewalks, front pathways, the front door) are not affected; the rule doesn't apply to recorded easements that specifically benefit the HOA, or to condominiums where common elements must be reached through the unit and the declaration or bylaws set the access terms.
Mont. Code Ann. §70-16-110
Because an owner's abandonment defense turns on equal and consistent enforcement over at least two years, enforce the same rule the same way for every owner and keep the record of it.
Mont. Code Ann. §70-17-210(2), (4)
An HOA, an owner of property burdened or benefited by a covenant, or a party to it may sue to enforce it. The owner may defend that the covenant was abandoned by showing no enforcement action for the period in §27-2-202 (6 years for a written instrument, for actions filed on or after October 1, 2025); 'enforcement action' means the covenant was equally and consistently enforced on all covered properties over at least 2 years. An association that has not met for 15 years may not take enforcement action against an owner whose use is substantially similar to other properties, with listed exceptions. How these 2023-2025 changes fit together is not yet settled.
Mont. Code Ann. §70-17-210; §27-2-202(1)
Condominium: the manager keeps detailed records of receipts and expenditures; the records and vouchers are available for examination by unit owners at the manager's place of business at convenient weekday hours.
Mont. Code Ann. §70-23-606

Step by step: a Montana violation case

The order Kindly Board walks a Montana board through, from the first look to the last letter.

Check before you start Every case
Find the rule, and the steps your own documents require.
Courtesy reminder Optional
A friendly first note before any formal notice.
Formal notice of violation Before any fine (per your documents)
The rule, the facts, the fix-by date and how to be heard, in the form your documents require.
Hearing (if the owner asks, or your documents require one) Per your documents
A fair chance to be heard before the Board decides.
Board vote on the fine Before a fine
Only if your documents allow fines, at a proper board meeting.
Notice of fine After the vote
Amount, due date, how to pay, and the rule behind it.
Close the case Every case
Record how it ended and keep the file.

Montana HOA rules: FAQ

What HOA law applies in Montana?

Montana homeowners associations and Unit Ownership Act condominium associations. Montana has no single HOA law: the violation, hearing and fine steps come from your declaration, bylaws, rules and enforcement policy. Kindly Board walks a fair, documented process and shows the Montana rules that do apply: limits on tightening use restrictions, permission before entering a lot, the enforcement and abandonment rules, meetings and records. Where a step comes from your documents, it says so. The main sources: Your documents, plus Mont. Code Ann. §§70-17-210, 70-17-901, 70-16-110, the Unit Ownership Act (Title 70, ch. 23) and Title 35, ch. 2 for incorporated associations.

How are days counted for Montana HOA deadlines?

Montana law sets no periods for these steps, so Kindly Board uses the dates from your notice (your documents set them). If a deadline falls on a weekend or holiday, ask a Montana attorney.

What does Montana law say about HOA fines?

No Montana statute gives an HOA or condominium association the power to fine, or sets a fine procedure, dollar cap, late fee or appeal. A board may fine only if its declaration, bylaws or rules give it that power; the amount and process come from those documents. If they don't, talk to a Montana attorney first. (Title 70 (no fine rule set); your documents)

What does Montana law say about violation hearings?

Montana law sets no separate path for a one-time violation. Follow your documents: notice and a chance to be heard before any fine is the fair course. (Title 70 (no violation types set))

Can Montana owners see the association's records?

Incorporated associations keep permanent minutes, accounting records and a member list; a member may inspect and copy the listed records on written notice at least 5 business days before, and accounting records, minute excerpts and the member list in good faith for a proper purpose described with reasonable particularity. Copy charges are limited to the cost of labor and material. (Mont. Code Ann. §35-2-906; §35-2-907; §35-2-908(3))

Official text

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