10 Common HOA Disputes in Montana
& How to Win (2026)

Landscaping violations are among the most frequent fine triggers in Montana HOA communities. Common issues include grass height, unapproved plantings, dead trees, and failure to maintain flower beds. Under Montana Unit Ownership Act — Mont. Code § 70-23-101 (condos); common law for HOAs, the HOA must define specific landscaping standards in the CC&Rs and enforce them uniformly. Montana homeowners should note that municipal water conservation orders may preempt HOA greening requirements during drought periods.

Pet disputes in Montana HOAs include breed-specific bans, weight limits, pet number caps, and leash requirements. While CC&R pet restrictions are generally enforceable, they cannot override the Fair Housing Act's protections for service animals and emotional support animals. Montana homeowners with a documented disability-related need for an animal are protected by federal law regardless of what the CC&Rs say.

Montana homeowners frequently clash with architectural review committees that deny modification requests without objective criteria. Under Montana Unit Ownership Act — Mont. Code § 70-23-101 (condos); common law for HOAs, the HOA must apply published architectural standards uniformly. Denials must be in writing and reference specific CC&R provisions — not the personal preferences of committee members. If your Montana HOA denied a modification without written reasons, the denial may be challengeable.

Montana homeowners facing unfair HOA fines should know that under Montana Unit Ownership Act — Mont. Code § 70-23-101 (condos); common law for HOAs, the association must provide written notice and 14 days to request a hearing before a fine becomes enforceable. The fine limit in Montana is: Set by CC&Rs — no statutory cap. Many Montana HOAs impose fines without following proper notice procedures — making those fines potentially void. Document the violation notice, check whether the fine schedule is recorded in the CC&Rs, and respond within the deadline.

When your Montana HOA collects assessments but fails to maintain common areas — roads, pools, playgrounds, roofs, and landscaping — you have grounds for a breach of fiduciary duty claim. Under Montana Unit Ownership Act — Mont. Code § 70-23-101 (condos); common law for HOAs, the board has a duty to maintain common elements in good condition. Montana homeowners should demand a written maintenance schedule, review the reserve fund balance, and document neglected areas with photographs.

Selective enforcement — where the HOA punishes one homeowner while ignoring identical violations by neighbors — is one of the most common and most winnable disputes in Montana. Under Montana Unit Ownership Act — Mont. Code § 70-23-101 (condos); common law for HOAs, enforcement must be consistent and uniform. Montana courts have held that selective enforcement constitutes a violation of the implied covenant of good faith. Document at least 3 neighbors with the same alleged violation using timestamped photographs.

Parking disputes in Montana HOA communities cover a wide range: guest parking limits, RV and boat storage bans, work truck restrictions, and towing from common areas. Under Montana Unit Ownership Act — Mont. Code § 70-23-101 (condos); common law for HOAs, parking restrictions must be in the recorded CC&Rs to be enforceable. Board-adopted "parking policies" that go beyond the recorded covenants may not have legal authority. Montana towing statutes also require proper signage before vehicles can be removed from private property.

Montana homeowners have the right to attend board meetings, review financial records, and participate in governance decisions. Under Montana Unit Ownership Act — Mont. Code § 70-23-101 (condos); common law for HOAs, the board must provide advance notice of meetings and make financial documents available for member inspection. Many Montana HOA boards hold meetings without proper notice, conduct business in executive session when the topic doesn't qualify, or refuse to share financial details — all of which violate homeowner rights.

Montana allows HOA lien foreclosure for unpaid assessments. Under Montana Unit Ownership Act — Mont. Code § 70-23-101 (condos); common law for HOAs, the association can record a lien for unpaid assessments and, in some cases, unpaid fines. Montana does not require mediation before foreclosure. Never ignore a lien notice — respond in writing immediately, request an accounting of all amounts claimed, and consult an attorney if the amounts are significant.

The federal Freedom to Display the American Flag Act protects your right to display the U.S. flag in Montana HOA communities. The HOA can regulate the type of flagpole, its height, and placement, but cannot ban the display of the American flag, state flag, or military service flags. Many Montana homeowners are unaware of this federal protection and pay fines for flag displays that are actually protected by law.