January 14 2016 DA 15-0337 Case Number: DA 15-0337 IN THE SUPREME COURT OF THE STATE OF MONTANA 2016 MT 13N HARBOR VILLAGE HOMEOWNERS ASSOCIATION, INC., a Montana Corporation, Petitioner and Appellee, v. SAM WALDENBERG and SHIRLEEN WEESE, individually and as Trustees of the S&SW TRUST, Respondents and Appellants. I respectfully suggest that the trial court and, now, this Court have done exactly that in the case at bar. IN THE SUPREME COURT OF THE STATE OF MONTANA 2020 MT195 ELK GROVE DEVELOPMENT COMPANY, Plaintiff and Appellee, v. FOUR CORNERS COUNTYWATER AND SEWER DISTRICT, Defendant and Appellant, ELK GROVE HOMEOWNERS ASSOCIATION, INC., a Montana Non-Profit Corporation, Intervenor and Appellee. . Alternatively, they may also file a lawsuit in state or federal court. Homeowners associations in Montana are not regulated by a government agency. 219, 223, 879 P.2d 725, 727; Martin v. Community Gas & Oil Co. (1983), 205 Mont. By: Marc Bardack You can explore additional available newsletters here. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. which limits the ability of HOAs to restrict the use of private property; giving more power back to the homeowner. In other words, it is clear that a homeowner could sue his next door neighbor for directing excess surface water onto his property and flooding his basement, but it is not as clear that the homeowner could sue the neighbor down the street for putting an addition on a house without HOA approval. O'Keefe v. Mustang Ranches HOA :: 2019 :: Montana Supreme Court This Court continues to follow the Schmid rule. Attorneys & Judges: The Montana Supreme Court governs matters such as attorney admission to the State Bar of Montana, attorney discipline, and judicial standards. Holders of over 65 percent of the acreage within lots 1 through 7 and 9 through 15 approved the changes, and thus validly modified the covenants. The District Court concluded that such a result could be accomplished here, based upon the language of the particular covenants in effect in this case. Arizona Supreme Court Issues Guidance Concerning HOA Amendments In 2019, the state of Montana passed a bill (Senate Bill 300) regulating homeowners association restrictions. The Association's unsuccessful attempts to collect on its resulting assessments for the paving of Windemere Drive culminated in this action.

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