Montana has no general HOA statute creating an assessment lien, so an ordinary homeowners' association's lien and foreclosure power come only from the recorded declaration. Condominiums are different: the Unit Ownership Act gives the association a statutory lien for unpaid common expenses (§ 70-23-607), foreclosable like a mortgage (§ 70-23-608).
Montana's only HOA-specific statute, § 70-17-901, merely defines an HOA as one that 'may be authorized to impose assessments that, if unpaid, may become a lien on a member's real property' — it does not itself create the lien, which must come from the recorded covenants. For condominiums the Unit Ownership Act is statutory: § 70-23-607 gives the association 'a lien upon the individual unit and the undivided interest in the common elements... for the reasonable value of such common expenses,' ranking 'prior to all other liens... except (a) tax and assessment liens; and (b) a first mortgage or trust indenture of record.' Section 70-23-608 says foreclosure 'shall conform as nearly as possible to the proceedings to foreclose liens created by Title 71, chapter 3, part 5' (mortgages), or the association may sue for a money judgment.
Condominiums: a recorded statutory lien (§ 70-23-607) foreclosable as a mortgage under Title 71, ch. 3, part 5 (§ 70-23-608), subordinate to a recorded first mortgage and tax liens, plus an alternative money judgment. Non-condo HOAs: only the lien and foreclosure remedy written into the recorded declaration; Montana provides no statutory lien backstop.
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