Montana HOA Limits: Use-Restriction Protection (§ 70-17-901); No Solar Mandate

Effective after May 9, 2019, § 70-17-901(1) provides that an HOA 'may not enter into, amend, or enforce a covenant... in such a way that imposes more onerous restrictions on the types of use of a member's real property than those restrictions that existed when the member acquired the member's interest... unless the member... expressly agrees in writing.' Protected 'types of use' include residential, agricultural, or commercial use, 'the ability to rent the real property... for any amount of time,' and lawful development. A member may have the exception recorded with the county clerk. The statute does not apply where a restriction is required to comply with federal, state, or local law. Note honestly: Montana has NO solar-access statute voiding HOA rooftop-solar bans — its solar-easement law (§ 70-17-301 et seq.) only lets neighbors grant voluntary written easements and does not override HOA covenants. No general statute protects flags or political signs.

A covenant that newly imposes a more onerous use restriction (including a rental ban) than existed when the owner bought, without written consent, is unenforceable against that owner under § 70-17-901. There is no statutory remedy against HOA restrictions on solar, flags, or political signs — those are governed solely by the recorded declaration.