reglab/housing_qa huggingface dataset:
MT Code § 70-23-205 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 2. Regulation of Unit Sales Prior to Construction (Repealed)|70-23-205. Repealed

  70-23-205. Repealed. Sec. 3, Ch. 12, L. 1999.   History: En. 67-2303.5 by Sec. 7, Ch. 150, L. 1973; R.C.M. 1947, 67-2303.5.
MT Code § 70-23-206 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 2. Regulation of Unit Sales Prior to Construction (Repealed)|70-23-206. Repealed

  70-23-206. Repealed. Sec. 3, Ch. 12, L. 1999.   History: En. 67-2303.6 by Sec. 8, Ch. 150, L. 1973; R.C.M. 1947, 67-2303.6.
MT Code § 70-23-301 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 3. Creation -- Declaration and Bylaws|70-23-301. Contents of declaration

  70-23-301. Contents of declaration. A declaration must contain:   (1) a description of the land, whether leased or in fee simple, on which the building is located or is to be located;   (2) the name by which the property will be known and a general description of the building, including the number of stories and basements, the number of units, and the principal materials of which it is constructed;   (3) the unit designation, location, approximate area of each unit, and any other data necessary for proper identification;   (4) a description of the general common elements and the percentage of the interest of each unit owner in the common elements;   (5) a description of the limited common elements, if any, stating to which units their use is reserved and in what percentage;   (6) a statement of the use for which the building and each of the units is intended;   (7) the name of a person to receive service of process in the cases provided in 70-23-901 and the residence or place of business of the person which must be within the county in which the property is located;   (8) an exhibit containing certification from the applicable local government that the condominiums, townhomes, or townhouses are either exempt from review under 76-3-203 or have been approved following review under Title 76, chapter 3, parts 5 and 6; and   (9) any other details regarding the property that the person executing the declaration considers desirable.   History: En. Sec. 14, Ch. 120, L. 1965; amd. Sec. 11, Ch. 150, L. 1973; R.C.M. 1947, 67-2314; amd. Sec. 1, Ch. 446, L. 2009; amd. Sec. 3, Ch. 373, L. 2011.
MT Code § 70-23-302 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 3. Creation -- Declaration and Bylaws|70-23-302. Preliminary declaration

  70-23-302. Preliminary declaration. A preliminary declaration, setting forth as many of the particulars required by 70-23-301 as may then be practicable, may be recorded before construction of the building described in the declaration is completed. The preliminary declaration shall not relieve the owner from the necessity of filing the declaration as required by 70-23-301.   History: En. Sec. 15, Ch. 120, L. 1965; R.C.M. 1947, 67-2315.
MT Code § 70-23-303 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 3. Creation -- Declaration and Bylaws|70-23-303. Name of property -- similarity prohibited

  70-23-303. Name of property -- similarity prohibited. No property shall bear a name using a word which is the same as, similar to, or pronounced the same as a word in the name of any other property or subdivision in the same county, except for the words "apartment", "motel", "building", "court", "place", or similar words.   History: En. Sec. 16, Ch. 120, L. 1965; R.C.M. 1947, 67-2316.
MT Code § 70-23-304 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 3. Creation -- Declaration and Bylaws|70-23-304. Declaration to be approved by department of revenue before recording

  70-23-304. Declaration to be approved by department of revenue before recording. Before a declaration may be recorded in the county in which the property is located, it must be approved by the department of revenue. A declaration must be approved unless:   (1) the name does not comply with 70-23-303; and   (2) all taxes and assessments due and payable have not been paid.   History: En. Sec. 17, Ch. 120, L. 1965; amd. Sec. 40, Ch. 391, L. 1973; R.C.M. 1947, 67-2317; amd. Sec. 135, Ch. 27, Sp. L. November 1993; amd. Sec. 1, Ch. 279, L. 1997.
MT Code § 70-23-305 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 3. Creation -- Declaration and Bylaws|70-23-305. Recording of declaration

  70-23-305. Recording of declaration. (1) When a declaration is made and approved as required, it must, upon the payment of the fees provided by law, be recorded by the recording officer. The fact of recording and the date of recording must be entered on the declaration.   (2) At the time of recording a declaration, the person offering it for record shall also file a copy, certified by the recording officer to be a true copy, with the department of revenue.   (3) If the property is located in a city or town, a copy of the declaration only must also be filed with the city or town clerk at the time of recording.   History: En. Sec. 18, Ch. 120, L. 1965; amd. Sec. 41, Ch. 391, L. 1973; R.C.M. 1947, 67-2318; amd. Sec. 1, Ch. 85, L. 1991; amd. Sec. 136, Ch. 27, Sp. L. November 1993.
MT Code § 70-23-306 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 3. Creation -- Declaration and Bylaws|70-23-306. Floor plans recorded with declaration -- certification

  70-23-306. Floor plans recorded with declaration -- certification. (1) Floor plans of the building described in a declaration shall be recorded simultaneously with the declaration. The floor plans shall show the layout of each unit, including the unit designation, location and dimensions of each unit, and the common areas to which each has access.   (2) There shall be attached to the floor plans a statement of a registered architect, registered professional engineer, or registered professional land surveyor who has reviewed the floor plans, certifying that the plans are an accurate copy of the plans filed with and approved by the city and county officers having jurisdiction to issue building permits. If the plans do not include a verified statement by an architect, engineer, or surveyor that the plans fully and accurately depict the layout, location, unit designation, and dimensions of each unit as built, there shall be recorded within 30 days from the date of completion of the building or from the date of the first occupancy of the building, whichever first occurs, an amendment to the declaration to which shall be attached a verified statement of a registered architect, registered professional engineer, or registered professional land surveyor certifying that the floor plans previously filed or being filed simultaneously with the amendment fully and accurately depict the layout of the units and floors of the building and the date construction of the building was completed.   History: En. Sec. 19, Ch. 120, L. 1965; amd. Sec. 12, Ch. 150, L. 1973; R.C.M. 1947, 67-2319; amd. Sec. 1, Ch. 114, L. 1985.
MT Code § 70-23-307 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 3. Creation -- Declaration and Bylaws|70-23-307. Bylaws -- adoption, recording, and amendment

  70-23-307. Bylaws -- adoption, recording, and amendment. (1) The unit owners of each property shall adopt bylaws to govern the administration of the property.   (2) A copy of the bylaws, certified by the presiding officer and secretary of the association, shall be recorded simultaneously with the declaration of the property to which the bylaws relate.   (3) An amendment of the bylaws shall not be effective unless approved by 75% of the unit owners and until a copy of the bylaws, as amended, certified by the presiding officer and secretary of the association of unit owners, is recorded.   History: En. Sec. 20, Ch. 120, L. 1965; R.C.M. 1947, 67-2320.
MT Code § 70-23-308 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 3. Creation -- Declaration and Bylaws|70-23-308. Contents of bylaws

  70-23-308. Contents of bylaws. Subject to 70-1-522, the bylaws must provide for:   (1) the election from among the unit owners of a board of directors, the number of persons constituting the board, and that the terms of at least one-third of the directors expire annually, the powers and duties of the board, the compensation, if any, of the directors, the method of removal from office of the directors, and whether or not the board may engage the services of a manager or managing agent;   (2) the method of calling meetings of the unit owners and the percentage, if other than a majority as defined by 70-23-102, that constitutes a quorum;   (3) the election of a presiding officer, a secretary, and a treasurer;   (4) the maintenance, upkeep, and repair of the common elements and payment for those expenses, including the method of approving payment vouchers;   (5) the employment of personnel necessary for the maintenance, upkeep, and repair of the common elements;   (6) the manner of collecting from the unit owners their share of the common expenses;   (7) the method of adopting and of amending administrative rules governing the details of the operation and use of the common elements;   (8) restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not included in the declaration, as are designed to prevent unreasonable interference with the use of the unit owners' respective units and of the common elements by the several unit owners;   (9) the method of amending the bylaws subject to 70-23-307.   History: En. Sec. 21, Ch. 120, L. 1965; R.C.M. 1947, 67-2321; amd. Sec. 2, Ch. 12, L. 1999; amd. Sec. 7, Ch. 307, L. 2009.
MT Code § 70-23-309 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 3. Creation -- Declaration and Bylaws|70-23-309. Association of unit owners -- remote meetings

  70-23-309. Association of unit owners -- remote meetings. (1) Unless the terms of the declaration or the bylaws provide otherwise, an association of unit owners may hold a meeting by remote means.  (2) For the purposes of this section, "remote means" includes telephone audio, teleconference, or videoconference.   History: En. Sec. 3, Ch. 185, L. 2021.
MT Code § 70-23-401 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 4. Nature of the Ownership Interest|70-23-401. Property status of the unit

  70-23-401. Property status of the unit. While the property is submitted to this chapter, a unit in the building may be individually conveyed, leased, or encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts inter vivos or mortis causa as if it were sole and entirely independent of the other units in the building of which they form a part, and the corresponding individual titles and interests shall be recordable.   History: En. Sec. 4, Ch. 120, L. 1965; amd. Sec. 9, Ch. 150, L. 1973; R.C.M. 1947, 67-2304.
MT Code § 70-23-402 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 4. Nature of the Ownership Interest|70-23-402. Exclusive ownership and possession of unit -- joint ownership

  70-23-402. Exclusive ownership and possession of unit -- joint ownership. (1) Each unit owner is entitled to the exclusive ownership and possession of the owner's unit.   (2) A unit may be jointly or commonly owned by more than one person.   History: En. Sec. 5, Ch. 120, L. 1965; amd. Sec. 10, Ch. 150, L. 1973; R.C.M. 1947, 67-2305; amd. Sec. 2160, Ch. 56, L. 2009.
MT Code § 70-23-403 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 4. Nature of the Ownership Interest|70-23-403. Common elements -- undivided interest of unit owner

  70-23-403. Common elements -- undivided interest of unit owner. (1) Each unit owner shall be entitled to an undivided interest in the common elements in the percentage expressed in the declaration. Such percentage shall be in the approximate relation that the value of the unit at the date of the declaration bears to the then combined value of all the units having an interest in the particular common elements. Value need not conform to market value.   (2) The percentage of undivided interest of each unit owner in the common elements as expressed in a declaration shall not be altered unless all unit owners having an interest in the particular common element agree thereto and record an amendment to the declaration setting forth the altered percentage of each unit owner having an interest.   History: En. Sec. 6, Ch. 120, L. 1965; R.C.M. 1947, 67-2306.
MT Code § 70-23-404 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 4. Nature of the Ownership Interest|70-23-404. Common elements -- undivided interest to remain attached to unit

  70-23-404. Common elements -- undivided interest to remain attached to unit. The undivided interest in the common elements shall not be separated from the unit to which it appertains and shall be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.   History: En. Sec. 7, Ch. 120, L. 1965; R.C.M. 1947, 67-2307(1).
MT Code § 70-23-405 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 4. Nature of the Ownership Interest|70-23-405. Common elements to remain undivided -- partition prohibited

  70-23-405. Common elements to remain undivided -- partition prohibited. The common elements shall remain undivided, and no unit owner shall bring any action for partition or division of any part thereof except as provided in 70-23-805. Any covenant to the contrary is void.   History: En. Sec. 7, Ch. 120, L. 1965; R.C.M. 1947, 67-2307(2).
MT Code § 70-23-501 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 5. Rights and Duties Incidental to Unit Ownership|70-23-501. Common profits and expenses

  70-23-501. Common profits and expenses. The common profits of the property shall be distributed among and the common expenses shall be charged to the unit owners according to the percentage of undivided interest of each in the common elements.   History: En. Sec. 8, Ch. 120, L. 1965; R.C.M. 1947, 67-2308.
MT Code § 70-23-502 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 5. Rights and Duties Incidental to Unit Ownership|70-23-502. Certain work on unit by owner prohibited

  70-23-502. Certain work on unit by owner prohibited. A unit owner may not make a repair or alteration or perform any other work on the owner's unit that would jeopardize the soundness or safety of the property, reduce the value of the property, or impair any easement or hereditament unless the consent of all the other unit owners affected is first obtained.   History: En. Sec. 9, Ch. 120, L. 1965; R.C.M. 1947, 67-2309; amd. Sec. 2161, Ch. 56, L. 2009.
MT Code § 70-23-503 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 5. Rights and Duties Incidental to Unit Ownership|70-23-503. Common elements -- use by unit owner

  70-23-503. Common elements -- use by unit owner. Each unit owner may use the common elements in accordance with the purposes for which they are intended but may not hinder or encroach upon the lawful rights of the other unit owners.   History: En. Sec. 10, Ch. 120, L. 1965; R.C.M. 1947, 67-2310.
MT Code § 70-23-504 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 5. Rights and Duties Incidental to Unit Ownership|70-23-504. Maintenance and improvement of common elements

  70-23-504. Maintenance and improvement of common elements. (1) The necessary work of maintenance, repair, and replacement of the common elements and additions or improvements to the common elements shall be carried out only as provided in the bylaws.   (2) The association of unit owners shall have the right, to be exercised by the manager, to have access to each unit as may be necessary for the maintenance, repair, or replacement of the common elements or to make emergency repairs therein necessary for the public safety or to prevent damage to the common elements or to another unit.   History: En. Sec. 11, Ch. 120, L. 1965; R.C.M. 1947, 67-2311.
MT Code § 70-23-505 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 5. Rights and Duties Incidental to Unit Ownership|70-23-505. Abandonment or waiver of use not to effect exemption

  70-23-505. Abandonment or waiver of use not to effect exemption. A unit owner may not be exempted from liability for the owner's contribution towards the common expenses by waiver of the use or enjoyment of any of the common elements or by abandonment of the owner's unit.   History: En. Sec. 12, Ch. 120, L. 1965; R.C.M. 1947, 67-2312; amd. Sec. 2162, Ch. 56, L. 2009.
MT Code § 70-23-506 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 5. Rights and Duties Incidental to Unit Ownership|70-23-506. Compliance with bylaws, rules, and covenants required -- action

  70-23-506. Compliance with bylaws, rules, and covenants required -- action. Except as provided in 70-1-522, each unit owner shall comply with the bylaws and with the rules adopted pursuant to the bylaws and with the covenants, conditions, and restrictions in the declaration or in the deed to the owner's unit. Failure to comply with the bylaws, rules, covenants, conditions, and restrictions is grounds for an action maintainable by the association of unit owners or by an aggrieved unit owner.   History: En. Sec. 13, Ch. 120, L. 1965; R.C.M. 1947, 67-2313; amd. Sec. 2163, Ch. 56, L. 2009; amd. Sec. 8, Ch. 307, L. 2009.
MT Code § 70-23-507 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 5. Rights and Duties Incidental to Unit Ownership|70-23-507. Restriction on covenants by association of unit owners

  70-23-507. Restriction on covenants by association of unit owners. An association of unit owners shall abide by the provisions of 70-17-901.   History: En. Sec. 2, Ch. 339, L. 2019.
MT Code § 70-23-601 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-601. Contents of deed or lease of unit

  70-23-601. Contents of deed or lease of unit. Except as provided in 70-1-522, the deed or lease of a unit must contain:   (1) a description of the land, the name of the property, and the recording index numbers and date of recording of the declaration;   (2) the unit designation of the unit;   (3) the use for which the unit is intended;   (4) the percentages of undivided interest in the common elements appertaining to the unit;   (5) any further details the grantor and grantee or lessor and lessee may consider desirable.   History: En. Sec. 22, Ch. 120, L. 1965; amd. Sec. 13, Ch. 150, L. 1973; R.C.M. 1947, 67-2322; amd. Sec. 9, Ch. 307, L. 2009.
MT Code § 70-23-602 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-602. Liens to be satisfied or released at time of first conveyance

  70-23-602. Liens to be satisfied or released at time of first conveyance. At the time of the first conveyance or lease of each unit following the recording of the declaration, every mortgage and other lien affecting such unit, including the undivided interest of the unit in the common elements, shall be paid and satisfied of record or the unit being conveyed or leased and its interest in the common elements shall be released therefrom by partial release duly recorded.   History: En. Sec. 23, Ch. 120, L. 1965; amd. Sec. 14, Ch. 150, L. 1973; R.C.M. 1947, 67-2323.
MT Code § 70-23-603 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-603. Lien allowable against unit not against the property

  70-23-603. Lien allowable against unit not against the property. Subsequent to recording a declaration and while the property remains subject to this chapter, no lien shall arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the undivided interest in the common elements appertaining thereto, in the same manner and under the same conditions as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership.   History: En. Sec. 24, Ch. 120, L. 1965; R.C.M. 1947, 67-2324(1).
MT Code § 70-23-604 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-604. Construction lien -- no effect on nonconsenting owner -- exception

  70-23-604. Construction lien -- no effect on nonconsenting owner -- exception. Labor performed or materials furnished with the consent or at the request of a unit owner or the owner's agent, contractor, or subcontractor may not be the basis for the filing of a construction lien against the unit of any other unit owner not consenting to or requesting the labor to be performed or the materials to be furnished, except that consent must be considered given by the owner of any unit in the case of emergency repairs performed or furnished with the consent or at the request of the manager.   History: En. Sec. 24, Ch. 120, L. 1965; R.C.M. 1947, 67-2324(2); amd. Sec. 2164, Ch. 56, L. 2009.
MT Code § 70-23-605 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-605. Lien effective against two or more units -- release from

  70-23-605. Lien effective against two or more units -- release from. If a lien becomes effective against two or more units, the owner of each unit subject to the lien has the right to have the owner's unit released from the lien by payment of the amount of the lien attributable to the owner's unit. The amount of the lien attributable to a unit and the payment required to satisfy a lien, in the absence of agreement, must be determined by application of the percentage established in the declaration. A partial payment, satisfaction, or discharge may not prevent the lienor from proceeding to enforce the lienor's rights against any unit and the undivided interest in the common element pertaining to a unit not released by a payment, satisfaction, or discharge.   History: En. Sec. 24, Ch. 120, L. 1965; R.C.M. 1947, 67-2324(3); amd. Sec. 2165, Ch. 56, L. 2009.
MT Code § 70-23-606 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 23. Unit Ownership Act -- Condominiums|Part 6. Conveyances, Liens, and Common Expenses|70-23-606. Records of receipts and expenditures affecting common elements -- inspection

  70-23-606. Records of receipts and expenditures affecting common elements -- inspection. (1) The manager shall keep detailed accurate records in chronological order of the receipts and expenditures affecting the common elements, itemizing the maintenance and repair expenses of the common elements and any other expenses incurred.   (2) Such records and the vouchers authorizing the payments and receipts for payments shall be available for examination at the manager's place of business by the unit owners at convenient hours of weekdays.   History: En. Sec. 25, Ch. 120, L. 1965; R.C.M. 1947, 67-2325; amd. Sec. 2, Ch. 385, L. 1983.