The Senate Judiciary Committee voted to concur in House Bill 416 after a public hearing in which Representative Jedd Hinkle (sponsor) told the committee the bill would require homeowners association boards or their design‑review committees to obtain permission before entering a homeowner’s private premises for inspections or improvements.

"I came across a declaration that said 'The owners hereby grant members of the design review committee full access to the property,'" Hinkle said. He described constituent complaints that board representatives visited yards or even entered homes without notice; the bill would bar entry into a homeowner’s private area without permission and contains carve‑outs for condominiums with common elements and for easements of record that specifically benefit the HOA.

Supporters included homeowners, an attorney who represents owners and associations, and the Montana Landlord Association. John Sinrud, testifying for himself, cited parallels to tenant‑landlord law that requires notice before entry. Stephanie Bacchus, an attorney in Billings, told the committee she had seen HOA committees enter homes without homeowner consent and said the bill was a reasonable, limited constraint on HOA powers.

Committee members questioned the sponsor about the amendment that exempts condominiums and easements recorded for the benefit of an HOA. Senator Mansella pressed the sponsor on whether the bill would protect non‑HOA neighbors who had granted easements (for utilities, for example); the sponsor said the exemption language was intended to limit the carve‑out to easements that "specifically benefit the homeowners association." A municipal attorney in the hearing clarified that a public utility easement recorded on an adjacent property would not be an HOA benefit absent express language.

On executive action the committee voted, by roll call, to concur in HB 416. The motion to concur was moved by Senator Ricky. The roll call record in committee showed five votes to concur and three opposed: Vice Chair Ricky (yes); Vice Chair Olsen (no); Senator Emmerich (yes); Senator Manzella (yes, by proxy); Senator Newman (no); Senator Smith (no, by proxy); Senator Vinton (yes); Chair Usher (yes). The motion passed 5‑3.

Why it matters: The bill addresses a common civil‑property complaint about HOA enforcement and design‑review practices, clarifying that ordinary private‑property privacy protections apply unless the homeowner has granted a specific easement or the property is a condominium where common‑element access is defined in the declaration.

The sponsor indicated the bill had strong bipartisan support in the House (passed 56‑44 there) and requested the committee’s concurrence; Senator Ricky volunteered to carry the measure to the Senate floor.