Billings now requires a mandatory-membership HOA with lien authority to own open space
Billings now requires a mandatory-membership HOA with lien authority to own open space
2026-09-15 · Montana · Regulation
What happened. Billings adopted new subdivision regulations that create an association with compulsory membership and lien power by regulation — and give the city a remedy whose cost becomes a lien on every lot in the subdivision, not just a delinquent one.
The instrument
The 2026 Amended City of Billings Subdivision Regulations were adopted under Ordinance #26-5931 on May 26, 2026. The prior amendment was Ordinance #24-5896 of October 28, 2024; the regulations originate in Ordinance #06-5359 of January 9, 2006. They repeatedly invoke the Montana Land Use Planning Act and require that subdivisions comply with it.1
Section 23-707, Ownership and Management of Open Space
Open space must be owned either by the public, at the governing body's discretion with plat-dedicated or easement public access, or by “A Homeowners' Association representing residents of the subdivision.” Where it is the association:
“Membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. The Homeowners' Association shall have lien authority to ensure the collection of dues from all members.”
Association-owned open space must state, by plat dedication or easement, whether there is public access, and “[t]he park will display signs indicating public or private use.”
The management plan the regulations require
Subsection B requires a Plan for Management of Open Space and Common Facilities that allocates maintenance responsibility, provides for long-term capital improvements, estimates “the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space” and how funding will be obtained, requires Planning Department approval of changes — or Parks and Recreation approval for publicly accessible space — and provides for enforcement.
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Related Montana HOA Topics
- 2026 Amended City of Billings Subdivision Regulations, adopted by Ordinance #26-5931, May 26, 2026 — § 23-707, Ownership and Management of Open Space ↩
- Kalispell Zoning Ordinance as approved by City Council, May 4, 2026 — amendment table listing Ordinance 1950, and the homeowner's association and Homeowner's Park provisions ↩
- “Kalispell adopts new zoning and subdivision regulations,” Flathead Beacon, Apr. 22, 2026 ↩
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