Montana Bylaws of Unincorporated Association of Subdivision Residents

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Multi-State
Control #:
US-02439BG
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Description

An association is a group of individuals joined together for pursuit of some common purpose. Unincorporated associations, by statute in many jurisdictions, are recognized as legal entities with the power to acquire, hold, and convey property, to enter contracts, or to sue and be sued. In some jurisdictions, by statute, associations may be incorporated, particularly as nonprofit corporations.
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FAQ

(1) (a) A homeowners' association may not enter into, amend, or enforce a covenant, condition, or restriction in such a way that imposes more onerous restrictions on the types of use of a member's real property than those restrictions that existed when the member acquired the member's interest in the real property, ...

HOAs are most popular in California with 4.9 million homes belonging to HOAs. This is closely followed by Florida with a total of 3.9 million homes in HOAs.

In other words, HOA rules cannot override state or federal laws, nor can they contradict the city or county ordinances that govern the area in which the HOA is located.

Homeowners' associations in Montana are not regulated by a government agency. Instead, most HOAs are set up as nonprofit organizations and are therefore subject to the Montana Nonprofit Corporation Act.

You may file with the Arizona Department of Real Estate to have your complaint heard before an Administrative Judge. The filing fee is $500 for one violation. Please visit the Arizona Department of Real Estate's Homeowners Association Dispute Process website for more information about the process.

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Montana Bylaws of Unincorporated Association of Subdivision Residents