by Richard Schwinger, Hamilton
People who purchase lots, where they are described as being part of a Homeowners Association in Montana, are being misled when they believe a board is obligated to enforce the covenant outlined in the HOA agreement. This loophole allows for any homeowner to violate any and all covenants, whenever it pleases them. According to where I live, the HOA was incorporated for the sole purpose to maintain the road. There is nothing referencing that this association has anything to do with the original restrictive covenants or any enforcement or those covenants.
The paragraph above should shock the residents of this HOA. It indicates that following the dozens of covenants is strictly voluntary! Meaning the following: the payment of dues is not obligated; 2) building restrictions are non-existent; 3) the number or tenants allowed is unlimited; 4) the harvesting and selling off of timber is unrestricted.
I received this information during May of 2020. Homeowners who purchased their property after that date should have been made aware of the serious inconsistencies of our covenants.