Montana bill would lower unanimous HOA ownership threshold to 75%

Representative Greg Oblander introduced House Bill 362, proposing to change the Unit Ownership Act so that amendments to the percentage of undivided interest in common elements would require a 75% approval rather than the current 100% unanimity.

The measure is aimed at condominium-style homeowners associations (HOAs) governed by the Unit Ownership Act. Oblander told the committee the bill is “intended to be not retroactive” and is meant to give future associations more workable rules for amending ownership percentages.

Supporters who testified said unanimous consent is impractical and can allow a small minority to block changes that the majority wants. Brad Griffin, testifying as a private citizen from The Woodlands development near Billings, described a recent vote in his HOA in which “the amendment passed with 36 out of 40 homeowners or 90%,” but the association’s governing document required…