State compliance guides / Montana
Montana HOA violation letters: what the law requires
Montana law does not tell HOAs how to fine or enforce — there is no statutory notice, hearing, cure period, or fine cap, so the recorded covenants and bylaws govern the whole process. The one HOA-specific statute, §70-17-901, limits substance rather than procedure: an association can't adopt or enforce use restrictions more onerous than those existing when the owner bought, without that owner's written consent.
Before you send: Montana notice requirements
No comprehensive HOA statute; HOA-specific restriction at Mont. Code Ann. §70-17-901; condominiums under the Unit Ownership Act (Title 70, ch. 23)
- An HOA may not enter into, amend, or enforce a covenant or restriction that imposes more onerous restrictions on the types of use of a member's property than existed when the member acquired it, unless the member expressly agrees in writing (Mont. Code Ann. §70-17-901).
- On request of a member claiming that protection, the association must record an exception document with the county clerk and recorder.
- No statutory notice, hearing, or cure requirement before fines — enforcement procedure comes from the recorded covenants and bylaws.
- Condominium associations must operate within their declaration and bylaws under the Unit Ownership Act (Title 70, ch. 23).
- Incorporated HOAs must follow board and member procedures of the Nonprofit Corporation Act (Title 35, ch. 2).
Fines: No statutory fine cap or procedure exists in Montana; fine authority, amounts, notice, and any hearing rights are governed entirely by the recorded declaration and bylaws. Fines enforcing more-onerous use restrictions barred by §70-17-901 are unenforceable against protected owners.
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Montana HOA letter FAQ
What notice must a Montana HOA give before fining?
None is required by statute. Follow your covenants and bylaws; best practice is a written notice citing the covenant violated with a cure deadline and an offer to be heard before any fine.
Are Montana HOA fines capped?
No. Amounts are set by the governing documents, subject to general reasonableness. But fines cannot be used to enforce use restrictions made more onerous after an owner purchased, absent that owner's written consent (§70-17-901).
Can our HOA enforce a new rule against a long-time owner?
Be careful. Since 2019, §70-17-901 blocks enforcement of covenants on types of use that are more onerous than those in place when the member bought, unless the member agreed in writing. Review when each affected owner acquired title before enforcing newer restrictions.
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Official sources
- Mont. Code Ann. §70-17-901 — official MCA (Montana Legislature)
- Mont. Code Ann. Title 70, ch. 23 (Unit Ownership Act) — official MCA
Last reviewed against the sources above on 2026-07-11.
This guide summarizes commonly applicable rules for general information only — it is not legal advice, statutes change, and your governing documents may impose different procedures. Confirm current law with a licensed Montana attorney before taking enforcement action.