Montana HOA attorney for property rights disputes

Restrictive covenant disputes arise when the language of a recorded covenant is unclear, contested, or being enforced in ways that exceed its original intent.

My work begins when something has gone wrong — an HOA enforcing a covenant in ways that may exceed its authority, a covenant being applied inconsistently, or a restriction that may not be legally enforceable. I examine the covenant’s language, its enforceability under Montana law, and give you a realistic assessment of your position.

Restrictive covenant disputes arise when the language of a recorded covenant is unclear, contested, or being enforced in ways that exceed its original intent. My work begins when something has gone wrong — an HOA enforcing a covenant in ways that may exceed its authority, a covenant being applied inconsistently, or a restriction that may not be legally enforceable. I examine the covenant’s language, its enforceability under Montana law, and give you a realistic assessment of your position.

Restrictive Covenants limit the uses that can be made of real property. Restrictive covenants often are used in subdivisions where the original developer specifies how and for what purposes he (or she) wants the subdivision to be used.

● What are the access roads for the subdivision?
● Where are they located?
● Who pays for their maintenance?
● Is there protected open space?
● Can dwellings be used commercially?
● Or can dwellings only be used for residential purposes?
● Those are examples of restrictive covenants.

Home Owners Associations (HOAs) are typically tasked with enforcing and interpreting Restrictive Covenants. To be enforceable, restrictive covenants must be carefully created and drafted, because they are strictly construed by Montana courts.

Real estate litigation I handle

My civil practice emphasizes real estate litigation. With more than twenty years litigating property disputes in Montana state and federal court, I know how courts approach these disputes — and how to protect what’s yours.

Real property disputes that I handle include easements, roads (private and public), boundary disputes, quiet title, and restrictive covenants.

If you have a serious restrictive covenant dispute, call me today. I can give you realistic seasoned advice about your situation, the strengths and weaknesses of your case, and how you may resolve your dispute with negotiation, alternative dispute resolution, or litigation.

Why experience matters in property rights disputes

● If you have a serious dispute, I will investigate your case thoroughly — examining the covenant’s language, recorded documents, and title records to build a clear picture of your position.
● I will advise you candidly about the strengths and weaknesses of your case and how a court is likely to approach your situation.
● Drawing on more than twenty years of litigation experience in Montana state and federal court, I will give you realistic, seasoned advice.
● If a negotiated resolution is in your best interests, I will work to accomplish a settlement that protects your rights.
● If court is necessary, I will represent you with skill and determination.

Protect your property rights. Call me today.

● If you have a serious dispute, I will investigate your case thoroughly — examining the covenant’s language, recorded documents, and title records to build a clear picture of your position.

● I will advise you candidly about the strengths and weaknesses of your case and how a court is likely to approach your situation.

● Drawing on more than twenty years of litigation experience in Montana state and federal court, I will give you realistic, seasoned advice.

● If a negotiated resolution is in your best interests, I will work to accomplish a settlement that protects your rights.

● If court is necessary, I will represent you with skill and determination.

Protect your property rights. Call me today.

Questions I hear from Montana property owners about restrictive covenants

What is a restrictive covenant in Montana real estate?

Restrictive covenants limit how real property can be used. They are common in subdivisions where the original developer set rules for land use — access roads, open space, commercial versus residential use. Under Montana law, courts construe restrictive covenants strictly, meaning their enforceability often turns on the precise language of the document.

Can an HOA enforce a restrictive covenant against me in Montana?

HOAs are typically tasked with enforcing and interpreting restrictive covenants. However, not all covenants are enforceable — I examine the covenant’s language, its enforceability under Montana law, and whether it was properly recorded before advising you on your options.

Can an HOA restrict short-term rentals on my Montana property?

Short-term rental restrictions are among the most contested HOA covenant issues in Montana today. Whether an HOA can limit or prohibit short-term rentals depends on the specific language of your covenants and when they were recorded. I examine the covenant’s language and enforceability to give you a realistic assessment of your options.