reglab/housing_qa huggingface dataset:
MT Code § 70-23-607 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-607. Claim for common expenses -- priority of lien -- contents -- recording

  70-23-607. Claim for common expenses -- priority of lien -- contents -- recording. (1) Whenever an association of unit owners acting through its manager furnishes to a unit any services, labor, or material lawfully chargeable as common expenses, the association of unit owners, upon complying with subsection (2) of this section, shall have a lien upon the individual unit and the undivided interest in the common elements appertaining to such unit for the reasonable value of such common expenses, and the lien shall be prior to all other liens or encumbrances upon the unit except:   (a) tax and assessment liens; and   (b) a first mortgage or trust indenture of record.   (2) An association of unit owners claiming the benefits of subsection (1) of this section shall record in the county in which the unit or some part thereof is located a claim containing:   (a) a true statement of the account due for such common expenses after deducting all just credits and offsets;   (b) the name of the owner of the unit or reputed owner, if known;   (c) a description of the property where the common expenses were furnished and the designation of the unit, sufficient for identification.   (3) The claim shall be verified by the oath of some person having knowledge of the facts and shall be filed with and recorded by the recording officer in the book kept for the purpose of recording liens filed under Title 71, chapter 3, part 5. The record shall be indexed as deeds and other conveyances are required by law to be indexed.   History: En. Sec. 26, Ch. 120, L. 1965; R.C.M. 1947, 67-2326; amd. Sec. 15, Ch. 202, L. 1987.
MT Code § 70-23-608 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-608. Foreclosure of lien under claim for common expenses -- action without foreclosure

  70-23-608. Foreclosure of lien under claim for common expenses -- action without foreclosure. (1) The proceedings to foreclose liens created by 70-23-607 shall conform as nearly as possible to the proceedings to foreclose liens created by Title 71, chapter 3, part 5. The lien may be enforced by the manager acting on behalf of the association of unit owners.   (2) An action to recover a money judgment for unpaid common expenses may be maintained without foreclosing or waiving the lien securing the claim for common expenses.   History: En. Sec. 27, Ch. 120, L. 1965; R.C.M. 1947, 67-2327; amd. Sec. 16, Ch. 202, L. 1987.
MT Code § 70-23-609 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-609. Foreclosure on unit -- payment of rent -- purchase of unit by manager

  70-23-609. Foreclosure on unit -- payment of rent -- purchase of unit by manager. (1) In any foreclosure suit against a unit, the unit owner shall be required to pay a reasonable rental for the unit if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the rent.   (2) The manager acting on behalf of the unit owners shall have power, unless prohibited by the declaration, to bid on the unit at the foreclosure sale and to acquire and hold, lease, mortgage, and convey the same.   History: En. Sec. 28, Ch. 120, L. 1965; R.C.M. 1947, 67-2328; amd. Sec. 6, Ch. 84, L. 1983.
MT Code § 70-23-610 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-610. Purchaser at foreclosure sale not totally liable for prior common expenses

  70-23-610. Purchaser at foreclosure sale not totally liable for prior common expenses. When the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust indenture, the purchaser and the purchaser's successors and assigns are not liable for any of the common expenses chargeable to the unit that became due prior to the acquisition of title to the unit by the purchaser. The unpaid share of common expenses is a common expense of all the unit owners, including the purchaser and the purchaser's successors and assigns.   History: En. Sec. 29, Ch. 120, L. 1965; R.C.M. 1947, 67-2329; amd. Sec. 2166, Ch. 56, L. 2009.
MT Code § 70-23-611 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-611. Joint liability of grantor and grantee for unpaid common expenses

  70-23-611. Joint liability of grantor and grantee for unpaid common expenses. In a voluntary conveyance of a unit, the grantee is jointly and severally liable with the grantor for all unpaid charges against the grantor for the grantor's proportionate share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee for the common expenses. However, upon request of a prospective purchaser, the manager shall make and deliver a statement of the unpaid charges against the prospective grantor, and the grantee in that case is not liable for nor is the unit when conveyed subject to a lien filed for any unpaid charges against the grantor in excess of the amount set forth in the statement.   History: En. Sec. 30, Ch. 120, L. 1965; R.C.M. 1947, 67-2330; amd. Sec. 12, Ch. 115, L. 1979; amd. Sec. 2167, Ch. 56, L. 2009.
MT Code § 70-23-612 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-612. Insurance of building -- premiums as common expenses

  70-23-612. Insurance of building -- premiums as common expenses. (1) The manager as trustee for the unit owners shall, if required by the declaration, by the bylaws, or by a majority of the unit owners, insure the building against loss or damage by fire and other hazards as required, without prejudice to the right of each unit owner to insure the owner's own unit for the owner's own benefit.   (2) The premiums for insurance on the building are common expenses.   History: En. Sec. 31, Ch. 120, L. 1965; R.C.M. 1947, 67-2331; amd. Sec. 2168, Ch. 56, L. 2009.
MT Code § 70-23-613 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-613. Disclosure by seller -- seller to furnish documents -- delay period

  70-23-613. Disclosure by seller -- seller to furnish documents -- delay period. (1) Whenever a person, corporation, or other legal entity constitutes a majority of the unit owners, the seller or the sellers's agent, prior to signing any buy-sell agreement, shall give to any person purchasing or expressing a desire to purchase one of the project units notice that:   (a) the seller or other person constitutes a majority of the unit owners;   (b) any bylaws and administrative regulations governing the operation of the development and the association, as adopted by the association, have been adopted by the seller or other person acting as a majority of the unit owners; and   (c) any change in the bylaws or administrative regulations occurring while the seller or other person constitutes a majority of the unit owners may be made only with the approval of the seller or other person constituting a majority of unit owners.   (2) Upon the request of any person purchasing or expressing a desire to purchase one of the project units, the seller or the seller's agent shall furnish to that buyer or prospective buyer, prior to signing any buy-sell agreement, a copy of the Unit Ownership Act, the bylaws of the association, and any administrative regulations governing the operation of the project or the association.   (3) Any buy-sell agreement must provide that it is not effective until 72 hours after the prospective purchaser has received the documents required in subsection (2), and during that delay, the prospective purchaser may withdraw the offer without penalty.   History: En. Sec. 1, Ch. 385, L. 1983; amd. Sec. 2169, Ch. 56, L. 2009.
MT Code § 70-23-701 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 7. Taxation and Exemptions (Repealed)|70-23-701. Repealed

  70-23-701. Repealed. Sec. 4, Ch. 452, L. 1985.   History: En. Sec. 40, Ch. 120, L. 1965; amd. Sec. 42, Ch. 391, L. 1973; R.C.M. 1947, 67-2340.
MT Code § 70-23-702 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 7. Taxation and Exemptions (Repealed)|70-23-702. Repealed

  70-23-702. Repealed. Sec. 4, Ch. 452, L. 1985.   History: En. Sec. 41, Ch. 120, L. 1965; R.C.M. 1947, 67-2341.
MT Code § 70-23-703 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 7. Taxation and Exemptions (Repealed)|70-23-703. Repealed

  70-23-703. Repealed. Sec. 4, Ch. 452, L. 1985.   History: En. Sec. 42, Ch. 120, L. 1965; amd. Sec. 43, Ch. 391, L. 1973; R.C.M. 1947, 67-2342.
MT Code § 70-23-801 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 8. Removal of Property From Unit Ownership Act|70-23-801. Removal from chapter -- recorded instrument -- consent of lienholders

  70-23-801. Removal from chapter -- recorded instrument -- consent of lienholders. All of the unit owners may remove a property from the provisions of this chapter by executing and recording an instrument to that effect if the holders of all liens affecting any of the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided interest of the unit owner in the property after removal from the provisions of this chapter.   History: En. Sec. 32, Ch. 120, L. 1965; R.C.M. 1947, 67-2332; amd. Sec. 3, Ch. 452, L. 1985.
MT Code § 70-23-802 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 8. Removal of Property From Unit Ownership Act|70-23-802. Obsolete property -- restoration or sale -- removal from chapter

  70-23-802. Obsolete property -- restoration or sale -- removal from chapter. Ninety percent of the unit owners may agree that the property is obsolete in whole or in part and whether or not it shall be renewed and restored or sold and the proceeds of sale distributed. If 90% of the unit owners agree to renew and restore the property, the expense thereof shall be paid by all the unit owners as common expenses. If 90% of the unit owners agree to sell the property, the property shall be considered removed from the provisions of this chapter.   History: En. Sec. 33, Ch. 120, L. 1965; R.C.M. 1947, 67-2333.
MT Code § 70-23-803 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 8. Removal of Property From Unit Ownership Act|70-23-803. Damage to property -- decision not to repair or rebuild -- removal from chapter

  70-23-803. Damage to property -- decision not to repair or rebuild -- removal from chapter. If within 60 days after the date of the damage to or destruction of all or part of the property the association of unit owners does not decide to repair, reconstruct, or rebuild, the property shall be considered removed from the provisions of this chapter.   History: En. Sec. 34, Ch. 120, L. 1965; R.C.M. 1947, 67-2334.
MT Code § 70-23-804 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 8. Removal of Property From Unit Ownership Act|70-23-804. Effect of removal -- ownership in common -- liens

  70-23-804. Effect of removal -- ownership in common -- liens. If the property is removed from the provisions of this chapter, as provided by 70-23-801 through 70-23-803, the property shall be considered owned in common by all the unit owners. The percentage of undivided interest of each unit owner in the property owned in common shall be the same as the percentage of undivided interest previously owned by such owner in the common elements. Liens affecting any unit shall be liens, in accordance with the then existing priorities, against the undivided interest of the unit owner in the property owned in common.   History: En. Sec. 35, Ch. 120, L. 1965; R.C.M. 1947, 67-2335.
MT Code § 70-23-805 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 8. Removal of Property From Unit Ownership Act|70-23-805. Effect of removal -- subject to partition -- sale

  70-23-805. Effect of removal -- subject to partition -- sale. If the property is removed from the provisions of this chapter, as provided in 70-23-801 through 70-23-803, it shall be subject to an action for partition at the suit of any unit owner. The net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among the unit owners in proportion to their respective undivided interests after first paying out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each unit owner.   History: En. Sec. 36, Ch. 120, L. 1965; R.C.M. 1947, 67-2336.
MT Code § 70-23-806 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 8. Removal of Property From Unit Ownership Act|70-23-806. Removal no bar to resubmission

  70-23-806. Removal no bar to resubmission. The removal of the property from the provisions of this chapter shall in no way bar its resubmission.   History: En. Sec. 37, Ch. 120, L. 1965; R.C.M. 1947, 67-2337.
MT Code § 70-23-901 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 9. Actions and Process|70-23-901. Actions -- service of process

  70-23-901. Actions -- service of process. (1) Actions may be brought on behalf of two or more of the unit owners, as their respective interests may appear, by the manager with respect to any cause of action relating to the common elements or more than one unit.   (2) Service of process on two or more unit owners, in any action relating to the common elements or more than one unit, may be made on the person designated in the declaration to receive service of process or in duplicate on the recording officer of the county in which the declaration is filed. The recording officer shall promptly send a copy of the document served by certified or registered mail to the person designated in the declaration to receive service of process.   (3) At the time of service on the recording officer, the serving party shall pay to the recording officer a fee of $10 which shall be a taxable disbursement.   History: En. Sec. 38, Ch. 120, L. 1965; R.C.M. 1947, 67-2338.
MT Code § 70-23-902 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 9. Actions and Process|70-23-902. Change of agent for service of process

  70-23-902. Change of agent for service of process. If the association of unit owners wishes to designate a person other than the one named in the declaration to receive service of process in the cases provided in 70-23-901, it shall record an amendment to the declaration. The amendment must be certified by the presiding officer and the secretary of the association of unit owners and must state the name of the successor with the successor's residence or place of business as required by 70-23-301(7) and that the person named in the amendment was designated by resolution duly adopted by the association of unit owners.   History: En. Sec. 39, Ch. 120, L. 1965; R.C.M. 1947, 67-2339; amd. Sec. 2170, Ch. 56, L. 2009.
MT Code § 70-23-1001 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 10. Enforcement and Penalty (Repealed)|70-23-1001. Repealed

  70-23-1001. Repealed. Sec. 3, Ch. 12, L. 1999.   History: En. Sec. 15, Ch. 150, L. 1973; R.C.M. 1947, 67-2343.
MT Code § 70-23-1002 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 10. Enforcement and Penalty (Repealed)|70-23-1002. Repealed

  70-23-1002. Repealed. Sec. 3, Ch. 12, L. 1999.   History: En. Sec. 16, Ch. 150, L. 1973; R.C.M. 1947, 67-2344.
MT Code § 70-23-1102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 11. Conversion of Condominium to Townhouse|70-23-1102. Notice of intent

  70-23-1102. Notice of intent. (1) In addition to the documents required under 70-23-1101(2)(a), the notice of intent by a unit owner to a lienholder to convert a condominium to a townhome or townhouse must contain:   (a) the date;   (b) the name and address of the borrower;   (c) the name of the lienholder; and   (d) the name of the loan servicer if loan payments on a trust indenture or mortgage are collected by a loan servicer.   (2) The notice must be in substantially the following form:   "This notice, made the ... day of ......, ...., concerns the trust indenture or mortgage attached and described as follows:   Name of borrower: ..........   Name of lienholder: ..........   Name of loan servicer: ..........   Recording information concerning the trust indenture or mortgage, including the entry number, book number, and page number: ..........   Pursuant to the Unit Ownership Act contained in Title 70, chapter 23, MCA, the undersigned unit owner intends to convert a condominium affected by a mortgage or a trust indenture located at .......... to a townhome or townhouse.   Unless the lienholder within 120 days of the date of this notice records its objection pursuant to 70-23-1101, MCA, with the office of the county clerk and recorder of the county in which the property is situated and mails notification of its objection by certified mail, return receipt requested, to the unit owner at the address specified on this notice, the unit owner will consent to the conversion on behalf of the lienholder for the mortgage or trust indenture described in this notice.   Pursuant to 70-23-1101(2)(a), MCA, the unit owner has included the following attachments:   (a) a copy of the recorded trust indenture or mortgage;   (b) a litigation guarantee;   (c) the proposed declaration and bylaws for the converted townhome or townhouses;   (d) a surveyed site plan; and   (e) an appraisal of the fair market value of each unit presuming that each unit had been converted to a townhome or townhouse.   ......... (Signature of unit owner)   ......... (Address of unit owner)"   History: En. Sec. 2, Ch. 323, L. 2019.
MT Code § 70-23-1103 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 11. Conversion of Condominium to Townhouse|70-23-1103. Consent by unit owner on behalf of lienholder

  70-23-1103. Consent by unit owner on behalf of lienholder. The instrument reflecting a unit owner's consent on behalf of the lienholder to convert a secured property from a condominium to a townhome or townhouse must be in substantially the following form:   "(Unit owner) hereby consents on behalf of (name of lienholder), whose lien is evidenced by a trust indenture or mortgage recorded in ........ County on ..... day of ...., ...., in book ...... at page ...... as entry number ...... to the following property in ........ County being converted from a condominium described as ........... to a townhome or townhouse described as ...........   The undersigned unit owner certifies as follows:   (1) In accordance with the requirements of 70-23-1101 and 70-23-1102, MCA, the unit owner has delivered to the lienholder a notice of intent by a unit owner to a lienholder to convert a condominium to a townhome or townhouse.   (2) The lienholder has not affirmatively consented to the conversion, but the unit owner did not receive a notice of objection to the conversion from the lienholder within 120 days of the date of the notice of intent to convert a condominium to a townhome or townhouse as required to object to the conversion by 70-23-1101, MCA.   ......... (Signature of unit owner)   ......... (Notarization)"   History: En. Sec. 3, Ch. 323, L. 2019.
MT Code § 70-23-1104 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 11. Conversion of Condominium to Townhouse|70-23-1104. Effect of conversion

  70-23-1104. Effect of conversion. Regarding a conversion pursuant to 70-23-1101, the following provisions apply:   (1) (a) A townhome or townhouse unit, including the structural elements and land beneath the unit as described in the surveyed site plan in 70-23-1101(2)(a)(iv), must be considered to be owned in fee simple by the unit owner.   (b) A portion of the land depicted as common area on the surveyed site plan described in 70-23-1101(2)(a)(iv) must be considered to be owned in common by all of the converted townhome or townhouse unit owners. The percentage of the undivided interest of each unit owner in the common area must be considered to be the same as the percentage of undivided interest owned by the owner in the common elements prior to the conversion.   (c) A lien affecting a townhome or townhouse unit is a lien against the fee simple interest of the unit owner in subsection (1)(a) and the undivided interest in the common area described in subsection (1)(b). The conversion, by itself, may not be considered to have an effect on the existing priorities of any liens concerning the converted townhome or townhouse units.   (2) The owners, lienholders, and title insurers may rely on the amended declaration's legal description of the unit provided by the surveyed site plan in 70-23-1101(2)(a)(iv) with regard to the future conveyance of individual townhome or townhouse units.   (3) Section 71-1-108 applies to the fee simple title to the land beneath a townhome or townhouse unit acquired by the mortgagor pursuant to the conversion.   (4) Because the amended declaration must provide for the continuation of the association of unit owners pursuant to 70-23-1101(2)(a)(iii)(B), the unit owners may not be required to form a new association of unit owners.   (5) The townhome or townhouse may not be considered removed from the provisions of this chapter solely by virtue of the conversion.   (6) If the conversion procedures in 70-23-1101 are followed, a unit owner or lienholder may not bring an action concerning the conversion, including a foreclosure based solely on the conversion, against any party associated with the conversion, including but not limited to the association of unit owners, title insurers, escrow providers, or lienholders. A person who brings an action concerning the conversion is liable for damages and attorney fees and costs to defend the action.   (7) If a foreclosure of a unit is conducted using the original condominium legal description in the trust indenture or mortgage, it will result in the foreclosure of the converted townhome or townhouse.   (8) A conversion does not constitute a removal pursuant to this chapter.   History: En. Sec. 4, Ch. 323, L. 2019.
MT Code § 70-23-1105 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 11. Conversion of Condominium to Townhouse|70-23-1105. Nonapplicability -- building codes -- zoning regulations

  70-23-1105. Nonapplicability -- building codes -- zoning regulations. Nothing in this part may be interpreted to modify, expand, or abrogate the applicability of state or local building codes or zoning regulations to a condominium, townhome, townhouse, or conversion.   History: En. Sec. 5, Ch. 323, L. 2019.