_____________
bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT revising the standard of review for challenges to decisions by architectural committees; defining "architectural committee"; and PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Review of architectural committee decisions. (1) The decision of an architectural committee challenged in court must be upheld unless the person or entity challenging the decision demonstrates that the decision was arbitrary and capricious.
(2) As used in this section, "architectural committee" means an entity empowered by a covenant to review proposed and existing buildings and landscaping on property subject to the covenant for aesthetic and architectural purposes.
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 70, chapter 17, part 2, and the provisions of Title 70, chapter 17, part 2, apply to [section 1].
NEW SECTION. Section 3. Applicability. [This act] applies to decisions made by architectural committees after September 30, 2023.