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Montana lien costs rose on October 1 — recording fees up 2.5x, foreclosure fee up fivefold

Montana lien costs rose on October 1 — recording fees up 2.5x, foreclosure fee up fivefold
Montana · Compliance

Montana lien costs rose on October 1 — recording fees up 2.5x, foreclosure fee up fivefold

What happened. Two 2025 Montana fee bills took effect on the same day, and between them they raised the price of every step an association takes to record and enforce an assessment lien.

Recording: $8 a page became $20 plus $10

House Bill 192, introduced by Rep. J. Darling, became Chapter 480, Laws of 2025. Signed May 8, 2025, effective October 1, 2025, and it applies to documents recorded on or after that date. It amended §§ 7-4-2632, 7-4-2635 and 7-4-2637, MCA.1

Under § 7-4-2637(1)(a) the standard document fee is now “$20 for the first page or fraction of a page and $10 a page for each additional page” — previously a flat $8 per page. Mechanical and photographic recording under § 7-4-2632 moved to the same schedule, from $7 per page.

There is also a penalty: a document that does not meet the formatting requirements of § 7-4-2636 costs the standard fee plus $10.

Foreclosure: $5 became $25

Senate Bill 103, “Revise fee for issuing an execution or order of sale on foreclosure of lien,” became Chapter 587, Laws of 2025. Signed May 13, 2025, effective October 1, 2025. It amended § 25-1-201(1)(i), MCA: the clerk-of-court fee “for issuing an execution or order of sale on a foreclosure of a lien” went from $5 to $25, with $20 of each fee routed to the county district court fund.2

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What it costs now, in the documents an association actually records

The new schedule is front-loaded, so short instruments took the biggest proportional hit:

  • A one-page assessment lien: $8 → $20.
  • A one-page lien release: $8 → $20. Note that every lien generates two recordings, so the round trip went from $16 to $40.
  • A two-page notice of abandonment under § 70-17-210(2): $16 → $30.
  • A six-page amended declaration: $48 → $70.
  • The same six-page declaration in a non-conforming format: $80.

Add $20 to every foreclosure cost estimate on top of that.

The indexing provision nobody has felt yet

This is the part worth diarising. Section 7-4-2637(1)(b) provides that “beginning July 1, 2027, the department of revenue shall set the fee … by administrative rule to adjust for inflation” — adjusted biennially, using the June Consumer Price Index measured against June 2025, rounded down to the nearest whole dollar.

So the current numbers are a floor, not a fixture. An association that hard-codes recording charges into a fee schedule, a collection policy or a management agreement should expect the figure to move in July 2027 and every two years after.

Three documents worth updating

These are ordinary administrative fixes, and the reason to make them now is that the alternative is under-recovering quietly for years:

  • The collection-cost schedule. An association that passes recording costs through to a delinquent owner recovers only the figure on its schedule. A schedule still reading “$8 per page recording fee” recovers less than half.
  • Demand letters and payoff quotes. A payoff figure issued after October 1, 2025 that used the old fees understates what the association is owed, and a quote is the number the owner will hold you to.
  • The lien form itself. The $10 non-conforming surcharge makes compliance with § 7-4-2636's margin, font and first-page requirements worth checking on any home-grown or long-unreviewed lien template. A form that was fine when the penalty did not exist is a standing surcharge now.

Budget scale, honestly stated

For most Montana associations these are small numbers. An association recording a handful of liens a year is absorbing tens of dollars, not thousands. The reason to treat it as news rather than trivia is that it is recoverable cost being left on the table — and in an association with a real delinquency problem, the multiplier is the case count, not the fee.

There is also a second-order point. Montana's lien and foreclosure framework itself did not change in 2025 — House Bill 465, “Generally revise lien laws and foreclosure,” died in Senate committee on May 23, 2025, and no 2025 law amended condominium assessment liens under § 70-23-609. So the procedure is the same as it was; only the price of running it went up.4

One bill to read carefully and not misattribute

Senate Bill 373, “Revise laws related to enforcement of liens,” Chapter 393 of the 2025 Laws, effective October 1, 2025, made real procedural changes — new venue options, no summons required, and the notice period before a show-cause hearing extended from 5 days to 21 days, served by certified mail. It is easy to read as an association collections law. It is not. It amended § 71-3-1203, which sits in the part of Title 71 governing liens for work, labour, services, feed and material — possessory and service liens. Montana association assessment liens arise under the declaration and, for condominiums, under § 70-23-609, neither of which SB 373 touched. It reaches an association only in the unusual case where the association is itself a service lienor.3

Related Montana HOA Topics

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  1. House Bill 192 (2025), enrolled bill — Chapter 480, Laws of 2025, county clerk and recorder recording fees (Montana Legislature document store)
  2. Senate Bill 103 (2025), enrolled bill — Chapter 587, Laws of 2025, fee for issuing an execution or order of sale on foreclosure of a lien
  3. Senate Bill 373 (2025), enrolled bill — Chapter 393, Laws of 2025, amending Mont. Code Ann. § 71-3-1203 on enforcement of special liens
  4. Montana Legislature Bill Explorer API — chapter numbers, effective dates, and the HB 465 (2025) status history: Died in Committee May 23, 2025

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