Montana communities would phase in rules for associations and home sales

Owners in older communities could vote to keep their communities outside full coverage. This option would cover communities created before October 1, 2027. Opting out would require approval by more than 50% of the association's votes and a recorded amendment. Opting out would not necessarily avoid the selected rules that separately apply to older communities. For older communities subject to full coverage, it would begin October 1, 2030, unless they choose it earlier.

Associations would let owners speak at owner meetings, open most board meetings to owners, and allow access to association records. This point concerns condominium communities used only for housing and formed on or after October 1, 2027. Board meetings could include private sessions. Associations could withhold certain personal records, including personnel and medical files. Owners seeking record access would need to give five days' written notice identifying the requested records.

Residential condominium associations could seek a forced sale or owner eviction for debts that include unpaid dues. This point concerns communities used only for housing and formed on or after October 1, 2027. The owner's total debt would have to equal at least three months of community dues under the latest budget. The owner would have to fail to accept or follow a payment plan offered by the association. The board would have to vote to act against that specific unit. The minimum debt would be measured when the association starts the forced-sale or eviction action.

Developers would give buyers a sales disclosure, and buyers would have a limited right to cancel before ownership transfers. This point concerns developer sales in condominium communities used only for housing and formed on or after October 1, 2027. The cancellation right would not apply if the buyer received the disclosure more than 15 days before signing. Disclosure exemptions would include gifts, court-ordered transfers, government transfers, foreclosure transfers, and transfers to dealers. Transfers cancelable at any time without penalty would also be exempt. Developers would have to deliver the disclosure before ownership transfers and no later than contract signing.