Montana
Montana Condo Resale Package (Resale Certificate): Fees, Deadlines, and How to Order
No Montana statute requires a resale package, but title companies and lenders still ask for one before closing. Associations furnish it under their governing documents.
Free for the resale platform. No contract to sign.
Montana Resale Package
Example Summit Condominium Association
Regular assessment
$285.00 monthly
Reserve balance
$105,400.00
Master insurance
Certificate on file
Right of first refusal
No
Montana at a glance
- What Montana calls it
- Resale Package
- Fee cap
- No fixed dollar cap
- Delivery deadline
- None set by statute
- Buyer's right to cancel
- No statutory right tied to this document
Also called: resale certificate, HOA resale certificate. If you were told to get a Montana resale certificate, or an MT resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What Montana law sets
One set of rules covers Montana. Havn applies it to every order in the state.
MCA 70-23-611
Unit Ownership Act. Applies to condominiums.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- None set
Montana condo laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
MCA 70-23 (Unit Ownership Act)
Montana's Unit Ownership Act governs condominiums, and townhouses that elect to submit under it, created by a recorded declaration, regardless of when the project was formed. It covers the creation and legal nature of unit ownership, the association's bylaws and administrative regulations, common elements and common expenses, and the lien an association may place on a unit for unpaid assessments. On resale it requires a seller who holds or is tied to a majority of the units to disclose that status and furnish the governing documents to a buyer, but it does not set up a separate payoff or estoppel certificate procedure for assessments due and does not cap resale document fees.
MCA 70-23-613 (Disclosure by Seller)
A seller's duty rather than the association's: whenever a person or entity constitutes a majority of the unit owners, the seller or the seller's agent must, before any buy-sell agreement is signed, tell a prospective purchaser that the seller holds that majority, that the bylaws and administrative regulations were adopted by it, and that changes to them while it holds the majority need its approval. On request the seller furnishes the prospective buyer, before signing, a copy of the Unit Ownership Act, the association's bylaws, and its administrative regulations, and any buy-sell agreement takes effect only 72 hours after the buyer receives those documents, during which the buyer may withdraw without penalty.
MCA 70-23-611 (Statement of unpaid common expenses on conveyance)
In a voluntary conveyance the grantee of a unit is jointly and severally liable with the grantor for the grantor's unpaid share of the common expenses up to the conveyance, but on a prospective purchaser's request the manager must make and deliver a statement of the unpaid charges against the prospective grantor, and the grantee is then not liable, nor is the unit subject to a lien, for any unpaid charges beyond the amount the statement sets forth. No fee and no deadline are stated. Montana has no resale certificate statute and no planned-community act.
The notice Havn prints on every Montana resale package
Every Montana document Havn prepares carries a notice that tells the reader where the document comes from and what Montana law says about it. This is the wording, act by act.
MCA 70-23-611Condominiums
No Montana statute requires this resale package. It is furnished under the unit ownership project's declaration, bylaws, and administrative regulations.
The statement of unpaid charges included in this package is the statement described in MCA 70-23-611. In a voluntary conveyance the buyer is otherwise jointly and severally liable with the seller for the seller's unpaid share of the common expenses up to the time of the conveyance. When a prospective purchaser requests the statement, the manager must make and deliver it, and the buyer is then not liable for, and the unit when conveyed is not subject to a lien filed for, any unpaid charges against the seller in excess of the amount set forth in the statement. MCA 70-23-611 ties that protection to a request of the prospective purchaser, so a buyer relying on this package should confirm the statement was requested for the buyer.
Where the seller, or a person or entity for whom the seller acts, constitutes a majority of the unit owners, MCA 70-23-613 requires the seller or the seller's agent to tell a prospective purchaser, before any buy-sell agreement is signed, that the seller holds that majority, that the bylaws and administrative regulations were adopted by the seller, and that any change to them while the seller holds the majority requires the seller's approval. On request the seller must also furnish the prospective purchaser, before signing, a copy of the Unit Ownership Act, the bylaws of the association, and the administrative regulations. In that situation the buy-sell agreement must provide that it is not effective until 72 hours after the prospective purchaser receives those documents, and the purchaser may withdraw the offer without penalty during that period.
The information in this package is current as of its issue date. Montana law does not set an expiration date for it.
Montana's payoff statement
On request of a prospective purchaser, the manager must make and deliver a statement of the unpaid charges against the prospective grantor. The grantee is then not liable for, and the unit is not subject to a lien for, unpaid charges against the grantor in excess of the amount in the statement (MCA 70-23-611). No fee and no delivery deadline is stated.
About Demand LettersMontana resale package: common questions
What is a Montana resale package?
It is the package a Montana association puts together when a home in the community is sold: what the home owes, plus the association's budget, insurance, and governing documents. No Montana statute prescribes it, so its contents follow the governing documents and what the closing asks for.
How much does a Montana resale package cost?
Montana sets no dollar cap and no statute governs the fee, so the governing documents and the management contract decide it.
How long does a Montana association have to provide a resale package?
Montana sets no statutory deadline. The closing date sets the pace, and a late document delays the closing.
Is a resale package required in Montana?
No Montana statute requires a resale package. Buyers, lenders, and title companies still ask for one, and associations furnish it under their governing documents. Montana law does require the association to state what a home owes. That rule is described below.
Can a buyer cancel after receiving a Montana resale package?
Montana law ties no cancellation right to this document. Any right to cancel comes from the purchase contract or from other disclosure laws.
Who pays for the resale package in Montana?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a Montana resale package?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents.
How do I get a resale package in Montana?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. A buyer should ask the seller or the closing agent to order it.
Is this the same as a Montana sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the condo document used when a home is sold.
How Montana compares with its neighbors
Management companies that work across state lines meet a different rule on each side. Montana: no fixed dollar cap, none set by statute.
Idaho
Statement of Account
No fee allowed
5 business days
Required by statute
Wyoming
Resale Package
No fixed dollar cap
No statutory deadline
Not required by statute
North Dakota
Resale Disclosure
No fixed dollar cap
10 days
Required by statute
South Dakota
Resale Package
No fixed dollar cap
No statutory deadline
Not required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next Montana resale package could write itself.
The resale platform is free for the association. The requester pays for the document. No contract to sign.