Key legislators
Who's moving housing in Montana
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bills
All housing bills
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.
HB 416 requires homeowners' associations (HOAs) to obtain permission from property owners before an HOA agent may enter their private real property. When seeking permission, the HOA must propose a convenient date and time for the owner and specify which part of the property the agent needs to access. Property owners have the option to require their presence or their agent's presence during the HOA's entry. This bill clarifies rules for HOA access to private property, but it does not affect access to areas generally open to the public like sidewalks.
SB 149 revises laws regarding emotional support animals (ESAs) in housing, affecting tenants with disabilities and landlords. The bill allows landlords to request specific documentation from a licensed health care practitioner if a tenant's need for an ESA is not readily apparent. This documentation must come from a practitioner with an established client-provider relationship who has conducted a clinical evaluation and identified the specific therapeutic support the animal provides. The bill also clarifies that ESA registration cards alone are not sufficient proof and holds tenants liable for damages caused by their emotional support animals.