What Do Covenants, CC&Rs, and Rural HOAs Actually Control?
The document that decides what you can build, keep, and run on your own land, and almost nobody reads it before closing.
You're looking at forty acres outside Livingston, and somewhere in the listing there's a line that says "covenants apply." Most buyers skim right past it. Then they close, and find out the shop they planned is four feet too tall, or that the covenants say no livestock on a parcel they bought specifically to keep horses. Covenants are the quietest deal-breaker in rural Montana real estate. Here's what they actually control, who enforces them, whether they can change on you, and how to read them before you sign anything.
Start with the part that trips up people coming from a city or a suburb: covenants are not zoning, and in Montana that distinction matters more than it does almost anywhere else.
What are covenants and CC&Rs, and how are they different from zoning?
Covenants are private restrictions written into the property records by whoever created the subdivision, and they bind every owner who comes after. Zoning is public regulation adopted by a county or city. CC&Rs stands for Covenants, Conditions, and Restrictions, and it's just the longer name for the same document. The critical difference: zoning is enforced by government, covenants are enforced by your neighbors.
Montana law addresses these as covenants running with the land, under . "Running with the land" is the key phrase. The restrictions attach to the dirt, not to the person who agreed to them. When the original developer recorded that declaration in 1998, they bound you, the buyer in 2026, and whoever buys it from you in 2040.
Here's why this matters so much in Park County specifically. Most of the county is unzoned, with only a handful of localized zoning districts. Buyers hear that and assume they can do whatever they want. Then they discover their parcel sits in a platted subdivision with a twelve-page declaration controlling building size, outbuildings, animals, and whether you can run a business from the property. In unzoned country, the covenants aren't a second layer on top of the rules. They frequently are the rules.
| Covenants / CC&Rs | County zoning | HOA rules and bylaws | |
|---|---|---|---|
| Who writes it | The developer who platted the subdivision | The county commission | The homeowners' association board |
| What it controls | Building size, use, outbuildings, animals, further division, appearance | Density, permitted uses, setbacks in zoned districts | Day-to-day operations, dues, procedures |
| Who enforces it | Other owners, or the association, through civil court | The county, through planning and enforcement | The association, per its declaration |
| How it changes | Amendment per the declaration's own terms, usually an owner vote | Public process before the county commission | Board or member vote per the bylaws |
| Where you find it | Recorded at the county clerk and recorder | County planning department | The association |
If you take one thing from that table, take the enforcement row. Nobody from the county is coming to check your covenants. That job belongs to the people who live around you.
Does Montana have a law that governs homeowners' associations?
Barely. Montana has no comprehensive homeowners' association act of the kind you'd find in Colorado, Florida, or Arizona. The state's dedicated HOA statutes are remarkably thin, which means the recorded declaration for your specific subdivision is the operative document. Read the covenants, not the statute book.
This surprises people who've owned in other states. , the part actually titled "Restrictions Pertaining to Homeowners' Associations," consists of exactly one section. There's no long statutory rulebook setting out reserve requirements, disclosure packets, election procedures, or fine schedules. A few scattered provisions elsewhere in Montana law shape the edges. Everything else comes from the declaration itself.
It's worth knowing what doesn't fill the gap, either. Montana's Unit Ownership Act was built for condominium-style ownership, and it applies only where owners have affirmatively recorded a declaration submitting the property to it. It isn't a default rulebook that quietly covers your rural subdivision. Most Montana associations are simply organized as nonprofit corporations, which governs how the entity runs, not what you can do with your land.
So the practical answer is this. In Montana, "what are the HOA rules" is not a question about state law. It's a question about one recorded document, and the quality of that document varies enormously from one subdivision to the next. Some rural declarations run forty pages and are carefully drafted. Others are three pages a developer copied in 1994, ambiguous in exactly the places you'd want clarity.
What do rural Montana covenants usually control?
Most rural declarations control the same handful of things: what you can build and how big, what outbuildings are allowed, whether you can keep livestock, whether the parcel can be divided again, how the shared road gets maintained and paid for, and whether the property can be rented short-term or used for a business.
Rural covenants read differently than suburban ones. A subdivision in a valley like this one isn't usually worried about paint colors and basketball hoops. It's worried about the things that actually change how the place feels and functions.
Here's what shows up again and again in Park County declarations. The list is the inventory; the reasoning is in the paragraph after it.
Minimum and maximum square footage for a residence
Whether you can live in an RV or mobile home while you build, and for how long
Outbuilding size, height, and how many
Livestock limits, often expressed as animal units per acre
No further subdivision of the parcel
Shared road maintenance obligations and cost sharing
Shared or community well agreements
Architectural review before you break ground
Short-term rental and commercial use restrictions
Setbacks from property lines, often stricter than the county's
Two of those deserve special attention on rural ground. The "no further subdivision" clause is common and it's absolute in a way people underestimate: even if state law and the county would permit a split, a covenant prohibiting it still binds you. If any part of your plan involves dividing the parcel later, that clause decides your plan, not the county. Our post on whether you can subdivide Montana land walks through the public side of that question, but the covenant is checked first.
The other is the road. In rural subdivisions, snow plowing and gravel are routinely the largest shared expense, and the declaration is where you find out whether that obligation is a formal assessment, an informal handshake, or nothing at all. A road agreement with no funding mechanism is a problem you inherit. The realities of that maintenance are covered in our post on keeping a rural road and driveway open through a Montana winter.
Architectural review is worth reading closely too, because it can add months to a build timeline that's already short. If a committee has to approve your plans and it meets twice a year, that's a real scheduling constraint on top of the ones in our cost to build in rural Park County breakdown.
Can a homeowners' association change the rules after you buy?
Not freely, and Montana has a specific statute on this. An association generally can't adopt, amend, or enforce a covenant that puts more onerous restrictions on the types of use of a member's property than existed when that member acquired it, unless that member agrees in writing at the time. But there's a catch that matters enormously to buyers.
The statute is . It says a homeowners' association "may not enter into, amend, or enforce a covenant, condition, or restriction in such a way that imposes more onerous restrictions on the types of use of a member's real property than those restrictions that existed when the member acquired the member's interest in the real property," unless that owner "expressly agrees in writing at the time of the adoption or amendment." The protections it names cover using property for residential, agricultural, or commercial purposes where that was previously allowed, renting the property for any amount of time, and developing it consistent with applicable law.
Now the catch, and it's spelled out in the statute itself. A successor in interest generally may not claim the benefit of that protection as to any covenant the association entered into, amended, or enforced before the successor bought the property, even if it wasn't enforceable against the previous owner. The exceptions are narrow: a successor that is owned by or shares ownership with the previous member, and a lender that acquired the property through foreclosure. Read that again if you're the buyer. If the seller was grandfathered into something, you very likely are not. You take the covenants as they read on the day you close, amendments and all.
That's my honest read of the practical effect: 70-17-901 is a shield for the person already standing there, not a shield for the person walking in. Which is exactly why the reading has to happen before closing, not after.
What happens when nobody has enforced the covenants in years?
They can become unenforceable, but don't count on it. Montana law lets an owner raise abandonment as a defense, and it bars an association that has gone dormant for fifteen years from enforcing against a use that matches what everyone else is doing. Still, a covenant nobody has enforced is a risk you're accepting, not a restriction you can assume is dead.
The governing section is . A few things in it are worth knowing before you buy into an older subdivision where the covenants look ignored.
Enforcement can be brought by a party to the agreement or their successors, by any owner whose property is burdened or benefited by the restriction, or by an association or other governing body. That middle category is the one people forget. Even where there's no functioning HOA, a single neighbor whose parcel is benefited by the covenant can bring an action. "There's no HOA here" is not the same as "nobody can enforce this."
The statute also bars an association or governing body that "has not met for a period of 15 years" from taking enforcement action against an owner whose use is substantially similar to the use of other parcels in the development. That bar is narrower than it first sounds. It doesn't reach covenants still necessary to comply with applicable law, to preserve an easement or right-of-way, to maintain infrastructure or improvements, to satisfy a court order or a governmental approval, to install or maintain utilities, or to abate a nuisance. A dormant association is limited, not powerless.
An owner may also assert that a covenant has been abandoned by showing no enforcement action was undertaken for the limitations period referenced in , which sets six years for obligations founded on a written instrument. Pay attention to how the statute defines an enforcement action for this purpose: enforcement applied equally and consistently on all properties subject to the covenant over at least a two-year period. Somebody grumbling at one neighbor doesn't count. Abandonment can also be settled more cleanly, either by court order or where the appropriate association or governing body approves the abandonment and records a notice of abandonment or amendment with the county clerk and recorder. An individual owner cannot self-record their way out of a covenant.
Here's the position I'd take across the table. If your plan for a property depends on a covenant being unenforceable, you don't have a plan. You have a lawsuit you haven't filed yet. Get an opinion from a Montana attorney before you buy on that theory, not after a neighbor objects.
What about old covenants with discriminatory language?
Some older recorded declarations in Montana and across the country still contain racial or religious restrictions written decades ago. Those provisions are unenforceable and have been for generations. They occasionally still appear in the chain of title simply because recorded documents are historical records that don't get edited.
The Supreme Court settled the enforcement question in in 1948, holding that judicial enforcement of racially restrictive covenants is state action barred by the Fourteenth Amendment. The federal independently prohibits discrimination in housing. In Montana, the Human Rights Act at makes housing discrimination unlawful on a list that includes sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, and national origin.
One practical note worth knowing. Unlike a number of other states, Montana has not adopted a statutory procedure letting an owner strip that language out of the recorded chain of title. The provision is unenforceable, but it generally stays on the page as a historical record. So if you encounter language like that in a title commitment, it's dead letter, and your title company and attorney will treat it that way. Ask them how it's handled in your transaction. It changes nothing about your rights in the property, and it should change nothing about who buys it.
How do you actually read the covenants before you buy?
Get the recorded declaration and every amendment, read them in full, and do it during your inspection period rather than the week of closing. Covenants are public record at the county clerk and recorder, and they'll also surface as exceptions in your title commitment. Two hours of reading is the cheapest due diligence in the whole transaction.
Start with the county. Park County records are searchable through the , covering documents from March 13, 1972 forward, with records from the late 1800s to March 12, 1972 available through a separate historical system. The Clerk and Recorder's office is in the City/County Complex at 414 E. Callender St. in Livingston, and the county switchboard is (406) 222-4100.
Then read for the specific things your plan depends on. Not the whole document equally, the parts that decide whether your reason for buying survives contact with the declaration.
Can you build the size and type of structure you actually want
Can you put up the shop, barn, or equipment building
Are the animals you intend to keep permitted, and how many
Can the parcel be divided later if that matters to you
What are you obligated to pay, and to whom, and how is it collected
Who maintains the road, and what happens when someone won't pay
Is there a shared well, and what does the agreement say about it
Do you need approval to build, and how often does that body meet
Are short-term rentals or home businesses restricted
Have there been amendments, and what did they change
Two practical notes. Ask for amendments specifically, because a declaration recorded in 1996 may have been amended three times since, and pulling only the original tells you an outdated story. And ask whether the association actually functions: does it meet, does it have money, has it enforced anything recently. A dormant association and an active one create very different ownership experiences on identical paper.
If the property carries an agricultural covenant recorded to qualify a division for a subdivision exemption under , read that one hardest of all. It commits the ground to agricultural use, which is a genuine long-term restriction and not a formality.
Do covenants help or hurt the value of rural land?
Both, and which one depends entirely on what you want the land for. Covenants protect you from what your neighbor might do and restrict what you can do, in equal measure. The buyer who wants certainty about the view and the buyer who wants to build a shop and run cattle are not going to feel the same way about the same document.
The case for covenants is real. They're the reason the parcel across the road can't be split into eight lots, put up a commercial operation, or park a row of RVs on the property line. On land bought largely for what surrounds it, that protection is a big part of what you're paying for, and it's the thing zoning won't do for you in an unzoned county.
The case against is just as real. Every restriction that protects you from your neighbor also applies to you. Buyers who come to Montana specifically for the freedom to build what they want and keep what they want are sometimes startled to find they've bought into a document more restrictive than the suburb they left. That happens more than you'd think, and it's almost always because nobody read the declaration until after closing.
My position, for what it's worth. Covenants aren't good or bad, they're a match question, and the mismatch is usually discovered too late. Before you write an offer, write down the three things you most want to do with the property. Then read the declaration looking specifically for those three. If the paper and the plan don't line up, that's not a detail to sort out later. That's the deal.
Frequently Asked Questions
Are covenants and zoning the same thing in Montana?
No. Zoning is public regulation adopted and enforced by a county or city. Covenants are private restrictions recorded in the property records, enforced by other owners or an association through civil court. Most of Park County is unzoned, which means for many rural parcels the recorded covenants are the primary restriction on what you can do with the land.
Who enforces covenants if there is no homeowners' association?
Under , enforcement can be brought by a party to the agreement or their successors, by an owner whose property is burdened or benefited by the restriction, or by an association or governing body. A neighbor with a benefited parcel can enforce a covenant even where no association exists or functions.
Can an HOA add new restrictions after I buy my property?
Montana's generally bars an association from imposing more onerous restrictions on the types of use of a member's property than existed when that member acquired it, absent that member's written agreement. Note that this protection generally runs to the owner who held the property at the time, and successors in interest generally cannot claim it. A buyer takes the covenants as they read at closing.
Do Montana covenants ever expire?
Some declarations contain their own renewal or expiration terms, so the document controls. Separately, an owner may raise abandonment as a defense by showing no enforcement action was taken for the period referenced in , six years for a written instrument, and an association that hasn't met in 15 years faces limits on enforcement. None of that is automatic, and it isn't something to assume without legal advice.
Where do I find the covenants for a Montana property?
They're recorded at the county clerk and recorder for the county where the land sits, and they appear as exceptions in your title commitment. Park County offers an . Always request the amendments as well as the original declaration, since later amendments can change the picture substantially.
Can covenants stop me from subdividing my land later?
Yes. A covenant prohibiting further division binds you regardless of whether state law and the county would otherwise allow a split. The public process for dividing land is covered in our post on subdividing Montana land, but a private covenant against it is checked first and controls the answer.
Can covenants restrict livestock or agricultural use on rural property?
They can, and rural declarations frequently do, often with limits expressed as animal units per acre or as outright prohibitions on certain animals. This catches buyers who purchase acreage specifically for horses or cattle. Confirm the animal provisions in writing before making an offer if livestock is part of your reason for buying.
Are old racial restrictions in a deed still enforceable?
No. Racially restrictive covenants have been judicially unenforceable since in 1948, and housing discrimination is prohibited by the federal Fair Housing Act and by Montana's Human Rights Act. Such language occasionally still appears in old recorded documents because records are historical, but it has no legal effect. Your title company and attorney can explain how it's handled in your transaction.
A Note Before You Act
This article is general information, not legal, tax, or accounting advice. Legacy Lands Real Estate is not a law firm or an accounting firm, and nothing here should be treated as advice from one. Laws, tax rules, and programs change, and they vary by state and by situation. Covenant interpretation and enforcement turn heavily on the exact wording of the recorded document and the facts of your parcel. Before acting on anything covered here, consult a licensed Montana attorney, your title company, and your county clerk and recorder for current guidance on your specific circumstances.
Legacy Lands Real Estate is a Montana brokerage with offices in Emigrant and White Sulphur Springs, specializing in ranch, land, and mountain properties across Park County and southwest Montana. Our team of brokers and agents, many of them multi-generational Montanans, brings firsthand experience in ranching, land stewardship, and rural property to every transaction. Every piece of land has its own history. We help buyers and sellers find the right match. Contact us at (406) 848-9400 or visit legacylandsllc.com.
If you're under contract on a place around Livingston or Paradise Valley and the covenants don't quite read the way you expected, we're glad to look at them with you. It's a much easier conversation to have before closing than after.
Legacy Lands Real Estate
1106 West Park St., Suite 20 #169
Livingston, MT 59047
(406) 848-9400
legacylandsllc.com
