Montana Statewide Rule

Montana HOA Assessment Liens: Declaration-Based; Condos Statutory (§ 70-23-607)

Few RestrictionsApplies statewide across Montana (2026)

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).

Key Facts

Governing law: No general HOA lien act; only § 70-17-901 (use protection). Condos = Title 70, Ch. 23 (Unit Ownership Act)
Condo lien: § 70-23-607 — lien for unpaid common expenses
Lien priority: Subordinate to tax liens and a recorded first mortgage (no super-lien)
Condo foreclosure: Like a mortgage under Title 71, ch. 3, part 5 (§ 70-23-608)
Non-condo HOAs: Lien and foreclosure power exist only if the recorded declaration creates them

Last verified: 2026-06-27

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can a Montana HOA foreclose on my home for unpaid dues?

For a condominium, yes — § 70-23-607 gives the association a lien for unpaid common expenses and § 70-23-608 lets it foreclose like a mortgage. For an ordinary planned-community HOA, Montana has no lien statute, so any foreclosure power exists only if your recorded declaration creates it.

Does a Montana condo assessment lien outrank my mortgage?

No. Section 70-23-607 makes the lien 'prior to all other liens' except tax and assessment liens and a first mortgage or trust indenture of record. Unlike some states, Montana gives the condo association no six-month super-priority over a recorded first mortgage.

Is there a Montana statute that automatically gives my HOA a lien for dues?

Not for ordinary HOAs. Montana's § 70-17-901 only notes an HOA 'may be authorized to impose assessments that, if unpaid, may become a lien' — the actual lien comes from the recorded covenants. Only condominiums have a statutory lien (§ 70-23-607).

Sources

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