Montana homeowners would vote on shared property rules

A shared property rule could be adopted, removed, or changed only after all affected owners have a chance to vote and a majority of those voting approve it. This applies to easements and other rules recorded against multiple residential properties. The rule must apply to multiple residential properties through a recorded document, such as a shared property declaration. The proposal would apply to changes made on or after its effective date to rules then in existence.

Property owners could not be denied the listed chances to take part in association decisions while they own the property. This applies to people who own property subject to the shared rules, for as long as they own it. The listed opportunities include voting on shared rules, association leaders, meeting matters, dues or assessments, and whether to start a lawsuit the owner may have to help pay for. Owners could also speak at meetings and seek board or committee seats.

Owners could use a notice and objection process when the recorded document requires unanimous agreement or has no process for changing the shared rule. This process applies when the recorded document requires unanimous agreement or does not provide a way to adopt, remove, or change a rule. Owners must notify every affected owner by certified mail and allow at least 30 days to vote; longer periods may be required. The proposal also requires a majority of owners voting to approve the change. Any owner who objects or asks for more information during the notice period blocks the change unless that owner later confirms in writing that they do not object. If no one objects, the change must be recorded with the county clerk and recorder along with a statement that no owner objected. Owners must receive at least 30 days' written notice before an in-person vote, or at least 30 days to vote by mail or another allowed written method. Written proxy voting must be allowed.