Montana Code 70-17-210. Covenant enforcement and abandonment
70-17-210. Covenant enforcement and abandonment. (1) Only the governing body of a development or a parcel owner within a development can initiate a legal action to enforce covenants, conditions, or restrictions.
Terms Used In Montana Code 70-17-210
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A covenant, condition, or restriction is deemed abandoned for purposes of enforcement if no enforcement action has been undertaken for the prescribed period in 27-2-202. Once a covenant, condition, or restriction is abandoned pursuant to this section, the governing body is precluded from undertaking a different interpretation or enforcement action against a similarly situated parcel owner in the same development.
(3)When the governing body formed within covenants, conditions, or restrictions has not met for a period of 15 years, it constitutes substantial noncompliance, and the governing body is prohibited from taking any enforcement action regarding the covenants, conditions, or restrictions recorded against the land to the extent the covenants, conditions, or restrictions are not otherwise necessary to comply with applicable federal, state, and local laws, ordinances, and regulations.