Representative Griffith introduced House Bill 233, describing long-standing problems with open-space parcels created under the Subdivision Map Act of 1973 that were never recorded with a deed in homeowners association (HOA) names. "If you live in a subdivision, you should somehow be able to get the property that you bought thinking it was yours," Griffith said, recounting examples from Kalispell and Gallatin County where parcels show as unowned on cadastral maps.

Nut graf: The bill would provide a pathway for county commissioners, after a public hearing and specific findings of intent, to transfer title of those unrecorded open-space parcels to an HOA rather than forcing property owners to pursue costly quiet-title litigation.

Debate centered on who owns open-space parcels when an HOA is dissolved or never formed, drainage and stormwater constraints, insurance coverage and the risk that land without recorded deeds could be developed by someone who obtains title through quiet-title actions. Representative Lear questioned whether releasing such parcels would permit development; Griffith responded that covenants, plats and subdivision requirements typically prohibit development and many parcels contain drainage or water courses.

An amendment to make the transfer retroactive to the 1973 Subdivision Act passed in the committee by a recorded vote of 64 ayes, 36 noes. Members discussed options if an HOA dissolves; Griffith said associations can revive and that quiet-title remedies remain available. On second reading, House roll-call recorded the amended bill passing 60-40 (as noted in the transcript roll call). Supporters said the bill injects a public, administrative pathway to clear title with notice and a hearing; opponents and some members urged caution to protect third-party property interests and ensure due process.

The bill’s passage as amended means counties will have an additional tool to resolve legacy title issues affecting subdivisions; the transcript records the committee and floor votes and multiple member exchanges clarifying scope and limits of the mechanism.