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Montana condo common-element percentages still need every owner's agreement

Montana · Legislation

Montana condo common-element percentages still need every owner's agreement

What happened. A narrow, one-word fix to Montana's condominium statute died in 2025. The consequence is that one holdout owner can still block a re-allocation of common-element interests.

The bill

House Bill 362, “Revise the unit ownership act to allow a lower threshold for common element changes,” sponsored by Rep. Greg Oblander (R–Shepherd) with eight co-sponsors, would have amended Mont. Code Ann. § 70-23-403 by striking “all” and inserting “75%”:1

the percentage of undivided interest in the common elements “may not be altered unless all 75% of the unit owners having an interest in the particular common element agree.”

It was the only 2025 bill that would have amended the Unit Ownership Act at all.

How it died

The status history shows a bill that was nearly revived and then ran out of calendar:2

  • (H) Hearing — February 3, 2025
  • (H) Tabled in Committee — February 12, 2025
  • (H) Taken from Table in Committee — March 1, 2025
  • (H) Missed Deadline for General Bill Transmittal — March 12, 2025
  • (H) Died in Process — May 20, 2025

Eleven days between coming off the table and hitting the transmittal wall was not enough.

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Related Montana HOA Topics

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  1. House Bill 362 (2025), introduced text — amending Mont. Code Ann. § 70-23-403 from “all” to “75%” (Montana Legislature document store) ↩
  2. Montana Legislature Bill Explorer API — HB 362 (2025) status history: Tabled Feb. 12, 2025; Taken from Table Mar. 1, 2025; Missed Transmittal Deadline Mar. 12, 2025; Died in Process May 20, 2025 ↩
  3. HJ 50 draft final report to the 70th Montana Legislature, July 2026 — Local Government Interim Committee on the age of the Unit Ownership Act ↩

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