HB 761 revises laws regarding residential property covenants, aiming to protect property owners' rights. It prevents the enforcement of any new or amended restrictions on property use that are more restrictive than those that existed when the owner acquired the property, unless the owner provides express written consent. Owners claiming this protection must record their exception with the county clerk. The bill clarifies how these protections apply to successor owners and maintains the validity of existing covenants, except for newly imposed, more restrictive terms without consent.
HB 871 aimed to prevent municipalities from requiring a zoning change, specifically from single-family to multi-family, for parcels of land located outside city limits to connect to municipal water or sewer systems. It would have amended existing law to explicitly prohibit this requirement. The bill also included a $1,000 appropriation to the Department of Environmental Quality for updating related documents. This measure would have primarily affected property owners outside city boundaries seeking to access municipal utility services.
HB 524 aimed to remove boardinghouses and roominghouses from certain state public health and safety requirements currently applied to hotels and motels. The bill proposed revising definitions within the Montana Code Annotated to exempt these types of residential establishments from those specific lodging regulations. This change would alter the regulatory oversight for operators of boardinghouses and roominghouses, distinguishing them from other commercial lodging facilities.
HB 873 aimed to establish a Mobile Home Park Emergency Relocation Account. This account would provide financial assistance to mobile home owners who are required to move due to a change in use or redevelopment of their mobile home park. Eligible tenants could receive funds for relocation expenses, up to $10,000 for a single-section or $15,000 for a multi-section home, or an abandonment payment. The account would be funded by an annual assessment on mobile homes whose owners do not own the underlying land, along with other revenue, with the assessment waived if the account exceeds $1 million.
SB 243 amends state zoning laws to allow for increased housing density and building height in certain municipalities. In urban areas with populations over 5,000, it requires cities to permit multiple-unit dwellings and mixed-use developments in commercial zones, provided they have municipal water and sewer. For these developments, the bill limits parking requirements to no more than one space per unit and prohibits height restrictions below 60 feet in specific commercial and industrial zones. Furthermore, it mandates that cities with at least 5,000 residents allow duplex housing in areas zoned for single-family residences, with similar zoning regulations.
SB 337 creates a temporary property tax exemption for land undergoing residential subdivision development. Developers can qualify by applying to the department and prepaying five times the most recent annual property taxes and assessments for the property. This exemption applies to the real property within the subdivision for up to five years, or until a habitable dwelling is built on an individual lot, or until 95% of the lots in the subdivision contain habitable dwellings. The bill's provisions apply to property tax years beginning after December 31, 2025.
SB 133 revises the laws governing impact fees that local governments charge on new development. The bill removes the ability for governmental entities to include an administrative fee within impact charges and limits impact fee increases to the rate of inflation. It also updates definitions related to these fees and details the required documentation for their calculation, such as a service area report.
HB 416 requires homeowners' associations (HOAs) to obtain permission from property owners before an HOA agent may enter their private real property. When seeking permission, the HOA must propose a convenient date and time for the owner and specify which part of the property the agent needs to access. Property owners have the option to require their presence or their agent's presence during the HOA's entry. This bill clarifies rules for HOA access to private property, but it does not affect access to areas generally open to the public like sidewalks.
SB 149 revises laws regarding emotional support animals (ESAs) in housing, affecting tenants with disabilities and landlords. The bill allows landlords to request specific documentation from a licensed health care practitioner if a tenant's need for an ESA is not readily apparent. This documentation must come from a practitioner with an established client-provider relationship who has conducted a clinical evaluation and identified the specific therapeutic support the animal provides. The bill also clarifies that ESA registration cards alone are not sufficient proof and holds tenants liable for damages caused by their emotional support animals.