Montana Title 70. Property § 70-17-210. Covenant enforcement and abandonment

(1) The following persons may initiate a legal action to enforce covenants, conditions, or restrictions:

(2) The owner of an interest in real property subject to a covenant, condition, or restriction may assert a defense that a covenant, condition, or restriction has been abandoned for purposes of enforcement by offering evidence that no enforcement action has been undertaken for the prescribed period in 27-2-202.  Once a covenant, condition, or restriction is abandoned by a court order or agreed to have been abandoned by the approval of the appropriate association or governing body by recording a notice of abandonment or amendment in the office of the county clerk and recorder of the county where the property is situated, all persons are precluded from undertaking a different interpretation or enforcement action of the abandoned covenant, condition, or restriction against a similarly situated owner of an interest in real property subject to the abandoned covenant, condition, or restriction.

(4) For the purposes of this section and as it pertains to a parcel owner's defense, “enforcement action” related to a covenant means that the covenant was equally and consistently enforced under whatever method an association uses to enforce covenants on all properties subject to the covenant over at least a 2-year period.