Property Ownership
In Montana, a homeowners association (HOA) may enforce covenants, conditions, and restrictions (CC&Rs) against a new owner because:
AThe new owner personally signed the CC&Rs at closing
BCC&Rs run with the land and bind all subsequent owners of property within the development✓ Correct
CThe HOA must obtain a court order before any CC&Rs are enforceable
DCC&Rs are only enforceable if they were recorded within the last 5 years
Explanation
CC&Rs are recorded with the county clerk and recorder and run with the land, binding all future owners automatically. A new owner in Montana is presumed to have constructive notice of recorded CC&Rs through the title search and is bound by them upon purchase.
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