MT HB233

Homeowners' associations may petition the governing body to transfer title of open spaces, parks, or common-use areas designated in a recorded final subdivision plat when the HOA is required by covenants to maintain, repair, or insure those areas and the property is not currently owned by any person.

Governing body must hold a public hearing on the petition and issue written findings; transfer must be approved if the HOA is properly organized under covenants and the subdivider intended HOA ownership of the common areas.

Adds a statutory definition of "homeowners' association" to Montana subdivision and land use code sections (76-3-103, 76-8-101, and 76-25-103), defining it as an association governed by covenants or bylaws that may impose assessments and enforce community rules.

Effective immediately upon passage and applies retroactively to all final subdivision plats recorded on or after October 1, 1973.