2026-09-15 · Montana · Compliance

What happened. Montana created a brand-new owner right in 2025, and it lands squarely on the routine violation inspection. Since October 1, 2025, an association's agent needs permission before entering an owner's property — and the owner can insist on being there.

The new statute

House Bill 416, “Require homeowners' associations to seek permission for entry on real property,” became Chapter 452, Laws of 2025, signed May 5, 2025, effective October 1, 2025. It is a new section, codified as Mont. Code Ann. § 70-16-110.¹ It was introduced by Rep. J. Hinkle with nine co-sponsors.

The operative provisions:

(1)(a) “A homeowners' association must receive permission from an owner of real property before an agent of the homeowners' association may enter the property.”

(1)(b) When seeking permission the association shall “(i) seek to establish a date and time to enter the property that is convenient to the owner; and (ii) specify what part of the property the agent … seeks to access.”

(2) “An owner of real property may require that the owner or the owner's agent be present” during the entry.

What is still permitted without asking

Subsection (3) preserves “any implied license an agent … has as a member of the public to access the areas of real property generally open to the public, such as sidewalks, front pathways, or the front door of a house.”

So the walk up the front path to knock, and the view from the street, are untouched. What changed is everything past that.

1. House Bill 416 (2025), enrolled bill — Chapter 452, Laws of 2025 (Montana Legislature document store) ↩
2. Mont. Code Ann. Title 70, ch. 16, pt. 1 section index — § 70-16-110, requirements for entry on real property by agent of homeowners' association (official) ↩
3. Montana Legislature session-law effective-date record for HB 416 — all sections effective October 1, 2025 ↩