Montana Code 70-23-301. Contents of declaration
70-23-301. Contents of declaration. A declaration must contain:
Terms Used In Montana Code 70-23-301
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Service of process: The service of writs or summonses to the appropriate party.
(1)a description of the land, whether leased or in fee simple, on which the building is located or is to be located;
(2)the name by which the property will be known and a general description of the building, including the number of stories and basements, the number of units, and the principal materials of which it is constructed;
(3)the unit designation, location, approximate area of each unit, and any other data necessary for proper identification;
(4)a description of the general common elements and the percentage of the interest of each unit owner in the common elements;
(5)a description of the limited common elements, if any, stating to which units their use is reserved and in what percentage;
(6)a statement of the use for which the building and each of the units is intended;
(7)the name of a person to receive service of process in the cases provided in 70-23-901 and the residence or place of business of the person which must be within the county in which the property is located;
(8)an exhibit containing certification from the applicable local government that the condominiums, townhomes, or townhouses are either exempt from review under 76-3-203 or have been approved following review under Title 76, chapter 3, parts 5 and 6; and
(9)any other details regarding the property that the person executing the declaration considers desirable.