Start with the basics. After the next page, you can submit right away or
add more detail if you have documents and roster information ready.
Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (recorded covenants)
Montana has not adopted a comprehensive planned-community statute (it has not enacted UCIOA), so a homeowners' association generally takes its amendment threshold from its own recorded declaration or CC&Rs rather than from a default percentage in state law. Montana's homeowners'-association restriction statute (Mont. Code Ann. § 70-17-901) generally provides that an association may not adopt, amend, or enforce a covenant that imposes more onerous use restrictions on an owner's property than existed when that owner acquired it unless the affected owner agrees in writing. Most Montana HOAs are also organized as nonprofit corporations, so the Montana Nonprofit Corporation Act (Title 35, ch. 2) can supply the voting and ballot mechanics. We generally start by reading your recorded declaration, because it controls the required vote.
Condominiums (Unit Ownership Act)
Montana condominiums are generally governed by the Unit Ownership Act (Mont. Code Ann. Title 70, ch. 23), which applies once a declaration is recorded. A bylaw amendment generally is not effective unless approved by 75% of the unit owners and the certified, amended bylaws are recorded (Mont. Code Ann. § 70-23-307). Declaration amendments generally follow the procedure set in the recorded declaration itself, but certain changes — such as altering a unit's percentage of undivided interest in the common elements — generally require the agreement of all affected unit owners plus a recorded amendment (Mont. Code Ann. § 70-23-403).
How the vote can run
Because most Montana associations are nonprofit corporations, action can generally be taken by written ballot without a meeting unless the articles or bylaws say otherwise, and ballots may be delivered electronically where the member has consented (Mont. Code Ann. § 35-2-533). For condominiums, the association may also generally meet by remote means — telephone, teleconference, or videoconference — unless the declaration or bylaws provide otherwise (Mont. Code Ann. § 70-23-309). Montana statutes do not impose a single uniform secret-ballot rule on associations, so notice timing and any ballot-secrecy practices generally come from your own governing documents.
Before we quote
Montana details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Montana vote has to answer.
Montana has no comprehensive planned-community / UCIOA statute, so a planned community's amendment threshold generally comes from its recorded declaration, not a statutory default percentage.
Condominiums run under the Unit Ownership Act (Title 70, ch. 23); a bylaw amendment generally needs approval by 75% of unit owners plus recording of the certified amendment (§ 70-23-307).
Changing a condo unit's percentage of undivided interest in the common elements generally requires the agreement of all affected unit owners and a recorded amendment (§ 70-23-403).
A planned-community association generally cannot impose more onerous use restrictions than existed when an owner bought without that owner's written consent, and the owner may record an exception with the county (§ 70-17-901).
Most Montana HOAs are nonprofit corporations, so written and electronically delivered ballots without a meeting are generally available unless the articles or bylaws limit them (§ 35-2-533).
A condominium declaration generally must be approved by the county before it can be recorded, and amendments are recorded with the county clerk and recorder where the property sits (§§ 70-23-304, 70-23-305).
Condominium associations may generally hold meetings by remote means unless the declaration or bylaws provide otherwise (§ 70-23-309).
The exact owner-approval percentage, quorum, notice period, and any mortgagee-consent step generally depend on your specific recorded declaration and bylaws, which control.
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Your contact info
Tell us who to contact and which community needs a quote.
