If you own a condo unit in Montana, § 70-23-607 gives the association, acting through its manager, an actual lien on your unit and your share of the common elements for the reasonable value of common expenses it furnished, and that lien outranks everything on the property except tax and assessment liens and a recorded first mortgage or trust indenture. To use it, the association has to record a verified claim in the county where the unit sits: a true statement of the account due after crediting offsets, the owner's name, and enough description to identify the unit and property. Skip any of that and the claim is defective.
If you own a lot in a subdivision HOA, none of this exists in Montana law. Search Title 70, chapter 17 and the HOA sections of Title 35, chapter 2, and there is no lien-creation statute, no notice-of-sale requirement, and no foreclosure procedure written for an HOA's unpaid assessments. Whatever lien or foreclosure power your HOA claims over unpaid dues has to trace to the four corners of your recorded declaration, plus Montana's general law on liens, mortgages, and trust indentures, not to a dedicated HOA assessment-lien statute. That's a genuine gap, and it's worth reading your declaration's assessment and lien clause closely before assuming your subdivision HOA has the same statutory backing a condo association does.
How the condo lien actually gets enforced
Foreclosure of the § 70-23-607 lien follows the same court procedure as other statutory liens under Title 71, chapter 3, part 5, enforced by the manager on the association's behalf, or the association can instead sue for a straight money judgment without foreclosing or waiving the lien at all (§ 70-23-608). If it does foreclose, § 70-23-609 lets the association collect reasonable rent from the owner during the suit if the bylaws provide for it, with a receiver appointable to collect it, and lets the manager bid on the unit at the sale unless the declaration says otherwise. Separately, on an ordinary sale rather than a foreclosure, § 70-23-611 makes the buyer jointly and severally liable with the seller for the seller's unpaid common-expense share, unless the buyer requested a payoff statement from the manager before closing, in which case liability is capped at whatever that statement disclosed.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
§ 70-23-607, MCA
Creates the condo association's lien for common expenses, its priority over most other claims, and the recording requirements for the claim.
§ 70-23-608, MCA
Governs foreclosure of that lien through the court procedure for statutory liens, and allows a money-judgment action instead of foreclosure.
§ 70-23-611, MCA
Makes a buyer jointly and severally liable for a seller's unpaid common expenses on a voluntary sale, unless the buyer requested a payoff statement, which caps liability at the disclosed amount.
Step by step
What to do if a Montana condo or HOA tries to lien or foreclose
Steps to take when you receive a lien, claim, or foreclosure notice over unpaid assessments or common expenses in Montana.
- 01
Figure out which law actually applies to you
Confirm whether you own a condo unit submitted under the Unit Ownership Act (Title 70, chapter 23) or a lot in a subdivision HOA. The lien and foreclosure rules here are Unit Ownership Act rules and only bind condominiums.
- 02
Demand the recorded claim, if you're a condo owner
Ask for the verified claim the association was required to record under § 70-23-607: the account statement, any credits or offsets applied, and the description identifying your unit. A claim missing these elements is defective.
- 03
Separate real common expenses from padding
The lien secures only amounts "lawfully chargeable as common expenses." Get an itemized breakdown and challenge anything else riding along, such as unrelated charges or costs the declaration doesn't authorize.
- 04
Request a payoff statement before any sale closes
Whether you're selling or buying, § 70-23-611 lets a prospective purchaser request a statement from the manager. A buyer who gets one in writing generally can't be held liable beyond what it discloses.
- 05
Get a Montana attorney immediately
A condo lien foreclosure runs through court under the Title 71 lien-foreclosure procedure (§ 70-23-608), so you'll have a real case and a deadline to respond. For an HOA-side lien with no dedicated statute, an attorney needs to trace the association's authority straight back to your declaration and general lien law.
Straight answers
Common questions
Can a Montana condo association really put a lien on my unit?
Yes. Section 70-23-607 gives the association a statutory lien on your unit and your share of the common elements for unpaid common expenses, ranking ahead of most other claims except tax liens and a recorded first mortgage or trust indenture.
Can a Montana HOA (not a condo) foreclose on my house over unpaid dues?
Montana has no dedicated statute creating a lien or foreclosure right for a subdivision HOA's assessments. That doesn't necessarily make foreclosure impossible, but it means there's no state-created procedural backstop beyond what your own recorded declaration and general Montana lien law provide.
What happens if I buy a condo unit and the previous owner owed money?
Under § 70-23-611, you're generally jointly and severally liable with the seller for the seller's unpaid common expenses, unless you requested a payoff statement from the manager before closing. If you did, your liability is capped at whatever that statement disclosed.
Can a condo association foreclose even though my mortgage is current?
Yes. The § 70-23-607 lien is separate from your mortgage. It ranks below tax liens and a recorded first mortgage or trust indenture, but the association can still pursue it, through court under § 70-23-608, regardless of your mortgage status.