House Local Government Committee approves study of Unit Ownership Act, 16–1

A House Local Government committee voted to advance House Joint Resolution 50 (HJ 50) to create an interim study of the state Unit Ownership Act and related homeowners-association laws, the committee chair announced after a voice vote that the clerk reported as 16 ayes and 1 no.

The bill’s sponsor (identified in the transcript only as "Representative") told the panel the Unit Ownership Act — the state law governing condominiums and related community associations — was implemented in 1965 and has seen little amendment since then. The sponsor said the draft before the committee reflects "over 200 hours of attorney volunteer hours" and asked members to pass the resolution as a study so stakeholders can review and modernize the law.

Jacqueline Lenmark, identified in the hearing as a Montana Uniform Law Commissioner, told members the Uniform Law Commission produces model acts to modernize antiquated legal concepts and to resolve conflicts between statutes. "We at the Uniform Law Commission and the Montana Uniform Law Commissioners would strongly encourage this committee to give the resolution a due pass recommendation," she said, offering the commission's assistance to any interim study.

Opposing testimony came from Colin Nygaard, who said he represented Oakland And Companies, a developer active in Billings and Helena. Nygaard said his company would not support the draft as written but identified four areas it wants addressed before backing the study: reviewing changes other states have made; avoiding terminology that could create legal conflict; clarifying how common-interest areas relate to private property rights; and ensuring all stakeholders are included. He warned that terms such as "master plan" could sweep in existing developments unintentionally.

Representative Gist asked whether the developer opposed participation in an interim study or the earlier bill (referred to in the hearing as HB 619); Nygaard responded that while the company had opposed the earlier bill, it was willing to participate in the interim committee and bring its concerns forward. Representative Rexton asked whether the study would cover CC&Rs and owner rights; the sponsor said the uniform act includes provisions on CC&Rs, bylaws and an owners' bill of rights and that single-family subdivisions, condo associations and townhomes would all be part of the review.

After brief discussion, an unidentified committee member moved that "House Joint Resolution 50 do pass." Multiple members voiced support for a study, and the committee proceeded to a voice vote. The clerk recorded proxy votes (Representative Springer aye by proxy; Representative Fitzpatrick no by proxy; Representative Overstreet aye; Representative Feyen aye by proxy) and announced a tally of 16 ayes and 1 no. The chair declared HJ 50 passed by the committee.

The committee’s action forwards HJ 50 as a candidate for interim study; if selected by the legislature’s interim committees, the study would convene hearings and solicit stakeholder input before any committee recommendation on statutory change.

Notes: The transcript spells the proponent's name in two ways during the hearing ("Jacqueline Lenmark" with a spelled pronunciation and later addressed as "Miss LaMarque"); that inconsistency is noted in committee records and flagged for follow-up to confirm the witness's preferred and legal spelling of her name.