Property Ownership

In Montana, a homeowner's association (HOA) has the authority to enforce 'CC&Rs' (Covenants, Conditions, and Restrictions) that:

AOverride Montana state law and local zoning ordinances

BRegulate use of properties within the development and run with the land, binding all current and future owners✓ Correct

CCan be modified by a single owner's objection

DApply only to the original developer and not to subsequent buyers

Explanation

CC&Rs are private deed restrictions recorded against the property that run with the land and bind all current and future owners within the development. HOAs enforce CC&Rs but they cannot override state law or local ordinances.

People Also Study

Key Terms to Know

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Chain of Title

The sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.