MT HB325

Expands who may initiate legal action to enforce property covenants to include: original parties and their successors in interest, owners of property burdened or benefited by the covenant, and homeowners' associations or governing bodies

Allows property owners to assert an abandonment defense if no enforcement action has been taken for the statutory period under MCA 27-2-202

Requires recording a notice of abandonment with the county clerk and recorder once a covenant is abandoned by court order or association approval, precluding future enforcement against similarly situated property owners

Prohibits associations or governing bodies that have not met for 15 years from enforcing covenants against property owners whose use is substantially similar to neighboring properties

Preserves covenant enforceability even after 15 years of inactivity for purposes including legal compliance, easements, infrastructure maintenance, utilities, court orders, and nuisance abatement