Montana SB0300
In April/May 2019, the Montana state government passed State/Senate Bill 300 that limits HOA power and protects homeowners’ rights to use their property. The exception is when homeowners provide a written signed agreement to follow such restrictions at the time they are adopted.
HOA's can no longer force homeowners to comply with more rigorous restrictions (CC&R's) than they agreed to when they purchased the property. If chicken coops were allowed when the property was purchased, the HOA, even with a 2/3-member vote, cannot enforce a restriction on chicken coops for homeowners that did not give their written consent.
For a homeowner to be exempt from new HOA regulations under SB0300, they must request an exemption with the HOA.
The HOA will then file the exemption (would recommend that the landowner file this document for their individual property) with the county clerk so that it can be officially recorded. The member will be responsible for any filing fees.
Once your property is sold, all exemptions expire. (So if you don't file an exemption, and there is no written signed consent from the current landowners per law, it appears that your individual property rights are also protected - just a thought for conversation with landowners)
HOA's can no longer force homeowners to comply with more rigorous restrictions (CC&R's) than they agreed to when they purchased the property. If chicken coops were allowed when the property was purchased, the HOA, even with a 2/3-member vote, cannot enforce a restriction on chicken coops for homeowners that did not give their written consent.
For a homeowner to be exempt from new HOA regulations under SB0300, they must request an exemption with the HOA.
The HOA will then file the exemption (would recommend that the landowner file this document for their individual property) with the county clerk so that it can be officially recorded. The member will be responsible for any filing fees.
Once your property is sold, all exemptions expire. (So if you don't file an exemption, and there is no written signed consent from the current landowners per law, it appears that your individual property rights are also protected - just a thought for conversation with landowners)