Montana Community Association Laws
HOAs (no omnibus act; see Ch. 70 & Ch. 35), Condominiums (Ch. 70-23), Mobile Home Lot Rentals (Ch. 70-33), corporate acts (Ch. 35-2 / 35-14), ARM references. Reference hub
Montana takes a light-touch approach. There is no single HOA act; most boards operate under their declarations and the Nonprofit Corporation Act. The Legislature has carved out notable owner protections—political election signage may not be banned by covenants, and HOAs cannot retroactively impose more-onerous “use” limits without the affected owner’s written consent. Condominiums run under the older Unit Ownership Act, which sets basics for bylaws, records, and (now) remote meetings, but there’s little centralized oversight. Mobile home lot rentals are handled separately with detailed landlord–tenant rules. Bottom line: flexible but DIY—clear documents, minutes, and procedure matter more than agency approvals.
At a glance
- HOAs: No omnibus chapter; key provisions at §70-17-901 (limits on new use restrictions), §70-1-522 (political signs), and corporate rules under Title 35.
- Condominiums: Unit Ownership Act (Ch. 70-23) (bylaws, records, assessments; remote meetings).
- Mobile home parks: Montana Residential Mobile Home Lot Rental Act (Ch. 70-33).
- Corporate form: Most associations are nonprofit corporations (Ch. 35-2).
- Managers: No separate “CAM” license; property managers for rentals are licensed by the state (see Manager / Licensing).
Primary Statutes
Condominiums — Title 70, Chapter 23 (Unit Ownership Act)
Creation, declarations/bylaws, unit owner association, common expenses, liens, actions.
HOAs — §70-17-901 (Restrictions; real property rights)
Prevents enforcement of more onerous new “use” restrictions against existing owners without written consent.
Mobile Home Lot Rentals — Title 70, Chapter 33
Lot rental agreements, rights/duties, remedies, retaliation protections.
Corporate Acts — Title 35
Entity law for most associations (formation, meetings, records, member rights).
Nonprofit Corps (Ch. 35-2): Montana Legislature
Business Corps (Ch. 35-14): Montana Legislature
Popular Sections (direct links)
HOA / Corporate
Condominiums (Ch. 70-23)
Mobile Home Lot Rentals (Ch. 70-33)
Administrative Rules (ARM)
Montana has no HOA/condo governance agency like Florida’s DBPR. Useful ARM references:
Department of Revenue
Board of Realty Regulation
ARM Portal
Manager / Licensing
Is a “CAM” license required?
- Montana does not have a separate community association manager (CAM) license.
- Property managers who perform rental/leasing functions must be licensed by the state’s Property Management Program (Board of Realty Regulation).
MT Property Management Program
Licensee Lookup
CAI: State of CAM Licensing
Tip: Managing an HOA’s common property and vendors typically doesn’t require a real estate broker license; rental property management does require a state property manager license.
Helpful condo/mobile home resources
Governing Documents & Overlays
- Governing documents: Articles, recorded plats, CC&Rs/Declaration, Bylaws, Board Rules/Resolutions.
- Federal overlays: Fair Housing Act, ADA (where applicable), FDCPA (collections), FCC OTARD (antennas), etc.
- State/local overlays: Building codes, subdivision ordinances, health/safety codes, local sign ordinances.
- Conflict handling: Statutes control over conflicting documents; consult counsel for interpretation.
State Contacts
Dept. of Labor & Industry — Property Management Program
- Program page: Property Management Program
- Phone: (406) 444-6880 · Email: DLIBSDHELP@MT.GOV
- Address: 301 S. Park Ave., 4th Fl., Helena, MT 59620
- Licensee lookup: Search licenses
Administrative Rules of Montana (ARM)
- ARM portal (Secretary of State)
- ARM 42.20.105 — Condo valuation
- ARM 24.210 — Realty Regulation
Disclaimer
This page is a general reference and not legal advice. Laws and rules change; always verify the current text on the official linked sites and consult qualified counsel for your situation.
Last updated: September 10, 2025