MT SB431

Prohibits enforcement of covenants, conditions, or restrictions against residential property owners that are more onerous than those that existed when the owner acquired the property, unless the owner expressly agrees in writing

Extends existing homeowners' association (HOA) protections to all residential properties, regardless of whether an HOA exists, allowing any property owner to claim protection from new or amended restrictions

Requires owners claiming the exception to record it with the county clerk and recorder and notify other owners subject to the same covenants

Protects "types of use" including residential, agricultural, or commercial purposes, the ability to rent property for any duration, and the ability to develop property in accordance with applicable laws

Exceptions do not transfer to new buyers, except for family members inheriting property, entities with shared ownership, or lenders acquiring through foreclosure