reglab/statecodes huggingface dataset:
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-101. Short title

70-24-101. Short title.
This chapter may be cited as "The Montana Residential Landlord and Tenant Act of 1977".
History: En. 42-401 by Sec. 1, Ch. 313, L. 1977; R.C.M. 1947, 42-401.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-102. Purposes -- liberal construction to promote

70-24-102. Purposes -- liberal construction to promote.
(1) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(2) Underlying purposes and policies of this chapter are to:
(a) simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants;
(b) encourage landlords and tenants to maintain and improve the quality of housing; and
(c) create an exclusive regulatory standard throughout the state and its political subdivisions regarding landlord and tenant law.
History: En. 42-402 by Sec. 2, Ch. 313, L. 1977; R.C.M. 1947, 42-402; amd. Sec. 2, Ch. 572, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-104. Exclusions from application of chapter

70-24-104. Exclusions from application of chapter.
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
(1) residence at a public or private institution if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service, including all housing provided by the Montana university system and other postsecondary institutions;
(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
(3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(4) transient occupancy in a hotel or motel;
(5) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;
(6) occupancy under a rental agreement covering premises used by the occupant primarily for commercial or agricultural purposes;
(7) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; and
(8) occupancy outside a municipality under a rental agreement that includes hunting, fishing, or agricultural privileges, along with the use of the dwelling unit.
History: En. 42-408 by Sec. 8, Ch. 313, L. 1977; R.C.M. 1947, 42-408; amd. Sec. 1, Ch. 282, L. 2003.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-105. Supplementary principles of law applicable

70-24-105. Supplementary principles of law applicable.
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes, supplement its provisions.
History: En. 42-403 by Sec. 3, Ch. 313, L. 1977; R.C.M. 1947, 42-403.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-106. Construction against implicit repeal

70-24-106. Construction against implicit repeal.
No part of this chapter is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
History: En. 42-404 by Sec. 4, Ch. 313, L. 1977; R.C.M. 1947, 42-404.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-107. Territorial application

70-24-107. Territorial application.
This chapter applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.
History: En. 42-407 by Sec. 7, Ch. 313, L. 1977; R.C.M. 1947, 42-407.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-108. What constitutes notice

70-24-108. What constitutes notice.
(1) A person has notice of a fact if any of the following is true:
(a) the person has actual knowledge of it;
(b) in the case of a landlord, it is delivered at the place of business of the landlord through which the rental agreement was made;
(c) in the case of a tenant or a landlord, it is transmitted to an electronic mail address provided by the tenant or the landlord in the rental agreement. Notice by electronic mail is complete on receipt of a read receipt generated by an electronic mail system or an electronic mail reply other than an automatically generated electronic mail reply.
(d) in the case of a landlord or tenant, it is delivered in hand to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the person at the place indicated by the person as the place for receipt of the communication or, in the absence of a designation, to the person's last-known address. If notice is made with a certificate of mailing or by certified mail, service of the notice is considered to have been made on the date 3 days after the date of mailing.
(2) Notice received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised reasonable diligence.
History: En. 42-412 by Sec. 12, Ch. 313, L. 1977; R.C.M. 1947, 42-412; amd. Sec. 2, Ch. 222, L. 1993; amd. Sec. 1, Ch. 290, L. 2017.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-109. Obligation of good faith

70-24-109. Obligation of good faith.
Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
History: En. 42-410 by Sec. 10, Ch. 313, L. 1977; R.C.M. 1947, 42-410.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-110. Landlords and tenants -- no firearm prohibition allowed

70-24-110. Landlords and tenants -- no firearm prohibition allowed.
A landlord or operator of a hotel or motel may not, by contract or otherwise, prevent a tenant or a guest of a tenant from possessing on the premises a firearm that it is legal for the tenant or guest to possess. A landlord or operator of a hotel or motel may prohibit the discharge of a firearm on the premises except in self-defense.
History: En. Sec. 6, Ch. 332, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-111. Notice of no contact

70-24-111. Notice of no contact.
(1) Except as provided in 45-5-209, a notice of no contact to a landlord for the benefit of a tenant or to a tenant for the benefit of a landlord may only be authorized pursuant to an order of no contact issued by a court of competent jurisdiction if the person receiving the notice of no contact is acting in accordance with the provisions of Title 70, chapter 24, 25, or 33.
(2) Except as provided by 45-5-209 or this section, or if issued pursuant to an order of protection issued by a court of competent jurisdiction, a notice of no contact to a landlord for the benefit of a tenant or to a tenant for the benefit of a landlord is invalid.
History: En. Sec. 1, Ch. 297, L. 2015.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-112. Application of security deposit laws

70-24-112. Application of security deposit laws.
The provisions of this chapter are cohesive with the provisions of Title 70, chapter 25, and the two chapters must be read in conjunction when considering, with regards to the Montana Residential Landlord and Tenant Act of 1977, the rights and duties of landlords and tenants, and the availability of remedies and judicial relief to landlords and tenants.
History: En. Sec. 1, Ch. 235, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 1. General Provisions › 70-24-113. Removal of unauthorized person or trespasser

70-24-113. Removal of unauthorized person or trespasser.
(1) An unauthorized person or trespasser has no legal right to occupy, enter, or trespass on a premises. A person who cannot produce authorization allowing the person to occupy a premises is an unauthorized person or trespasser for the purpose of this section and may be removed from the premises immediately by law enforcement.
(2) For the purposes of this section, authorization includes:
(a) a written rental agreement entitling the person to occupy the premises;
(b) written or verbal authorization from the landlord; or
(c) written or verbal authorization from a tenant if the person is a guest of the tenant.
(3) For the purposes of this section, verbal authorization is valid only if it is verified by the individual or entity entitled to give it under subsection (2)(b) or (2)(c).
History: En. Sec. 1, Ch. 536, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 2. Rental Agreements › 70-24-201. Rental agreement -- terms and conditions

70-24-201. Rental agreement -- terms and conditions.
(1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
(2) Unless the rental agreement provides otherwise:
(a) the tenant shall pay as rent the rental value for the use and occupancy of the dwelling unit as determined by the landlord;
(b) rent is payable at the landlord's address or using electronic funds transfer to an account designated for the payment of rent by the landlord;
(c) periodic rent is payable at the beginning of a term of a month or less and otherwise in equal monthly installments at the beginning of each month;
(d) rent is uniformly apportionable from day to day;
(e) the tenancy is week to week in the case of a roomer who pays weekly rent and in all other cases month to month; and
(f) if either party terminates the rental agreement without cause prior to the expiration date of the lease term, the aggrieved party is entitled to monetary damages up to 1 month's rent or an amount that is agreed on in the rental agreement, which may not exceed 1 month's rent. Landlords shall follow 70-24-426(3) and are entitled to rent from defaulting tenants up to the date a new tenancy starts or the date the rental agreement term expires.
(3) Rent is payable without demand or notice at the time and place agreed upon by the parties or provided for by subsection (2).
History: En. 42-413 by Sec. 13, Ch. 313, L. 1977; R.C.M. 1947, 42-413; amd. Sec. 1, Ch. 155, L. 2017; amd. Sec. 3, Ch. 536, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 2. Rental Agreements › 70-24-202. Prohibited provisions in rental agreements

70-24-202. Prohibited provisions in rental agreements.
A rental agreement may not provide that a party:
(1) agrees to waive or forego rights or remedies under this chapter;
(2) authorizes any person to confess judgment on a claim arising out of the rental agreement;
(3) agrees to the exculpation or limitation of liability resulting from the other party's purposeful misconduct or negligence or to indemnify the other party for that liability or the costs or attorney fees connected with that liability; or
(4) must provide an electronic mail address as a condition of entering into the agreement. However, a party may voluntarily provide an electronic mail address if the agreement contains a provision allowing a party to elect to receive notice by electronic mail.
History: En. 42-415 by Sec. 15, Ch. 313, L. 1977; R.C.M. 1947, 42-415(1); amd. Sec. 2, Ch. 290, L. 2017.
2023 Montana Code Annotated › Title 70. Property › Chapter 24. Residential Landlord and Tenant Act of 1977 › Part 2. Rental Agreements › 70-24-203. Agreement not to permit receipt of rent free of obligation

70-24-203. Agreement not to permit receipt of rent free of obligation.
A rental agreement or a document related thereto may not permit the receipt of rent free of the obligation to comply with 70-24-303.
History: En. 42-416 by Sec. 16, Ch. 313, L. 1977; R.C.M. 1947, 42-416.