CCR's, HOA's, and Restrictions
Many individuals are drawn to Montana with the expectation of freedom to use their land as they see fit, attracted by the state's vast landscapes and the appeal of spacious, rural living. However, it's a common oversight to assume that purchasing land or homes, even those with significant acreage, comes without any strings attached. In reality, properties in Montana, regardless of their size, may be subject to Covenants, Conditions, and Restrictions (CCRs), governed by Homeowner Associations (HOAs), and face various land use restrictions. These elements are crucial to understand for anyone looking to make their home in Montana, as they can significantly influence what owners can and cannot do with their property.
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Covenants, Conditions, and Restrictions (CCRs)
CCRs are legal agreements that specify the restrictions and obligations property owners must adhere to. They often include guidelines on property use, architectural standards, and maintenance requirements to maintain the area's aesthetic and environmental integrity. CCRs are especially prevalent in planned communities but can also apply to individual properties with acreage to ensure consistency and protect property values within the area.
Homeowner Associations (HOAs)
HOAs manage many communities in Montana, from suburban neighborhoods to rural developments. These organizations enforce the CCRs and manage common areas and community facilities. Membership in an HOA typically requires payment of monthly or annual dues, which fund the maintenance of shared spaces and amenities. HOAs play a vital role in community governance, setting standards for property maintenance and use that members must follow.
Land Use Restrictions
Montana's land use restrictions are designed to balance property rights with environmental conservation, historical preservation, and community development goals. These restrictions can dictate the types of structures allowed, land division, and the use of natural resources. They may be imposed by local, state, or federal authorities and can significantly impact development plans, particularly in sensitive or protected areas.
Finding Information on CCRs, HOAs, and Restrictions
When considering the purchase of land or a home in Montana, it's essential to understand any existing CCRs, HOAs, and land use restrictions that might apply. Here's how you can go about finding this crucial information:
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Property Listings and MLS Disclosures: Each neighborhood may have its own set of CCRs, which are often included in property listings or disclosed through the Multiple Listing Service (MLS). These documents provide detailed information about the rules and restrictions governing the property.
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Direct Inquiry: If you're considering a property and are uncertain whether it falls under the jurisdiction of an HOA or has specific CCRs, the most direct approach is to reach out for professional assistance. As your real estate agent, I can help you determine whether a listing is part of an HOA and guide you in accessing the necessary documents and disclosures.
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HOA Websites and Local Government Records: Some HOAs maintain websites where they publish governing documents, including CCRs, by-laws, and meeting minutes. Additionally, local government offices or their websites may have records of filed CCRs and information on zoning and land use restrictions applicable to the property.
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Title Company Resources: During the property purchasing process, a title company can provide a title report that includes information on CCRs, easements, and any HOAs governing the property. This report is a comprehensive resource for understanding any restrictions or obligations attached to the property.
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Understanding CCRs, HOAs, and land use restrictions is crucial for making an informed decision when purchasing property in Montana. Whether these documents are found online, through MLS disclosures, or by contacting me directly, it's important to review them carefully to ensure the property meets your expectations and lifestyle needs. If you have any questions or need assistance in this process, please don't hesitate to reach out.
Common CCR's and Restrictions
ANIMAL RESTRICTIONS:
- (Most common) No pigs, cows. Rarely only household animals allowed like dogs and cats.
- No commercial animal farming such as chickens, pigs, or cattle.
- Animals must be fenced.
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BUILDING RESTRICTIONS:
- Natural siding required for main home.
- Minimum square footage for main home or secondary homes.
- No shop houses or barndominiums.
- One home allowed only.
- Building committee required to approve plans and insure permits are active and correct.
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SUBDIVISION RESTRICTIONS:
- Minimum acreage requirements. i.e. lots must be at least 20 acres each and cannot be subdivided below that.
- Secondary homes and land being subdivided may need to be approved by hoa committee.
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VIEW RESTRICTIONS:
- Some CCR's mention maintaining the view for your neighbors. While this may leave interpretation wide open, if you have ideas that may fall under this category it is best to give the HOA a call in order to confirm if you have ability to go through with it. This may pertain to tree cutting, erecting buildings or towers, or anything else that may be large and obstruct views for others.
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The restrictions mentioned are just a glimpse into the variety of guidelines you might encounter in properties governed by an HOA or subject to CCRs. It's crucial for every prospective buyer to conduct detailed research on the specific lot or home of interest. This investigation will reveal any unique restrictions or requirements attached to the property's deed or land, ensuring that your future plans align with the community's regulations.
Before finalizing your property purchase, delve into the applicable CCRs and HOA bylaws. Such due diligence is key to avoiding surprises and ensuring your new home meets all your expectations. For personalized guidance or to delve deeper into specific restrictions, feel free to reach out—we're here to help navigate the complexities of your property purchase.
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