Montana law has historically been "largely silent" on HOA governance, per the state legislature's own 2024 interim-committee staff report. Non-condo HOAs run on their recorded Declaration of Covenants, bylaws, and the general Montana Nonprofit Corporation Act, Title 35, chapter 2. A handful of narrow statutes touch specific issues (political signs, remote meetings, and an anti-retroactivity rule for new restrictions), but there's no comprehensive HOA act — three bills that would have created one all died in the 2023 legislative session.
Fines: what your HOA can and can't charge
No Montana statute specifically authorizes or caps HOA fines. Authority comes entirely from your declaration and bylaws, generally framed as a "fee" or "assessment" the board is empowered to impose. The closest statutory guardrail is a general nonprofit-corporation due-process rule: before an association can expel or suspend a member's membership (not just amenity privileges — those are expressly carved out), it has to follow a "fair and reasonable" procedure, meaning at least 15 days' written notice and an opportunity to be heard at least 5 days before the action takes effect.
See our guide on how to fight an HOA fine for the general playbook.
Unpaid assessments, liens, and foreclosure
Montana has no statutory assessment-lien right for non-condo HOAs — any lien has to come from the declaration itself. Montana's condo statute does have its own lien mechanism, but that's confined to condominiums and doesn't extend to a subdivision HOA. Foreclosure is presumptively judicial: Montana's "one-action rule" generally limits mortgage-style enforcement to a court proceeding, and the state's non-judicial trustee's-sale process is available only where the security instrument is drafted as an actual trust indenture with a qualifying trustee (a licensed attorney, bank, or title company) — which HOA declarations typically aren't. Montana is also not a super-lien state, so a first mortgage that predates the HOA's lien generally wins. Absent a rate in your declaration, Montana's default legal interest rate is 10% per year, capped by a usury ceiling of the greater of 15% or 6 points over the Federal Reserve's prime rate.
More on this in our guide to what happens if you don't pay HOA dues.
Meetings and quorum
The Nonprofit Corporation Act sets the defaults: notice must go out at least 10 days before a meeting (or 30 to 60 days if sent by certified mail), and default quorum is 10% of the votes entitled to be cast, unless your bylaws set something else. As of a 2021 law, both incorporated and unincorporated Montana HOAs can hold meetings entirely by remote communication if their governing documents allow it.
Board elections
No Montana statute addresses HOA board-candidate eligibility, felony bars, or delinquency-based disqualification — entirely a bylaws matter. Absent a bylaw provision, directors serve 1-year terms by default (terms can't exceed 5 years), and cumulative voting is available only if the articles or bylaws specifically provide for it.
For the general mechanics, see how HOA board elections work.
Buying a home in a Montana HOA
Montana's general seller disclosure statute requires disclosure of adverse material facts the seller actually knows about — covering things like water supply, structural issues, and environmental hazards — but doesn't specifically mention HOA membership, dues, or assessments. It could theoretically be swept in under a catch-all "other adverse material fact" clause, but that's not guaranteed.
See our full buying checklist for homes in an HOA before you make an offer.
Need help with a Montana HOA issue? Find an HOA attorney in Montana, or find a management company in Montana.