HB 761 Montana House · 2025 Regular Session

Revise laws regarding residential covenants

HB 761 revises laws regarding residential property covenants, aiming to protect property owners' rights. It prevents the enforcement of any new or amended restrictions on property use that are more restrictive than those that existed when the owner acquired the property, unless the owner provides express written consent. Owners claiming this protection must record their exception with the county clerk. The bill clarifies how these protections apply to successor owners and maintains the validity of existing covenants, except for newly imposed, more restrictive terms without consent.
Bill status died 2 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
House Failed
Mar 2025
Governor
Introduced Feb 25, 2025 Last action May 20, 2025
Maddy AI version diff · 1 comparison

What changed between versions

LC4384.pdf HB0761_1.pdf · 2 edits
MINOR
The bill number was updated from LC 4384 to HB 761.1, and the sponsor was identified as G. Overstreet. A new provision was added to Section 19, which appears to establish rules regarding how homeowners' associations can enforce covenants after May 9, 2019, specifically concerning limitations on the types of property use allowed.
Scope change
The bill's scope remains residential covenant law, but the new Section 19 adds specific enforcement limitations effective after May 9, 2019.
ENFORCEMENT

New Section 19 restricts how homeowners' associations can enforce covenants to prevent limiting the types of use of a member's real property.

TECHNICAL

Updated bill identifier from LC 4384 to HB 761.1 and added the sponsor's name.

Floor votes · House Mar 6, 2025

How they voted

4851
Failed · 1 other
Total votes 100
Mar 6, 2025
D Democratic42
2 Yea 40 Nay
95% Nay
R Republican58
46 Yea 11 Nay 1
79% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
2
Committee
3
Mar 6, 2025
Vote failed
House Vote: fail (48-51-1)
house
Mar 4, 2025
Lower · Passed
(H) Committee Report - (H) Judiciary
lower
Mar 3, 2025
Lower · Passed
(H) Committee Executive Action - (H) Judiciary
lower
Feb 26, 2025
Committee
(H) Referred to Committee - (H) Judiciary
lower
Feb 25, 2025
Introduced
(H) Introduced
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Greg Overstreet
Greg Overstreet
RRepublican
MT
88