HOA LAWS AND REGULATIONS

  • Oklahoma's Real Estate Development Act (REDA), Okla. Stat. tit. 60, §§ 851 through 858: The act includes numerous provisions governing the formation, management, powers, and operation of residential HOAs (usually called “owners’ associations” in the statute) in Oklahoma.

    The REDA applies to owners’ associations created after June 5, 1975 (§60-855). See also Falconhead Property Owners v. Fredrickson, 50 P.3d 224, 2002 OK Civ. App. 67 (Okla. Civ. App. 2002).

  • Oklahoma's Unit Ownership Estate Act, Okla. Stat. tit. 60, §§ 501 through 530 (1981). The act provides a comprehensive legal framework for the formation, management, powers, and operation of condominium associations in Oklahoma.

  • Oklahoma General Corporation Act, Okla. Stat. tit. 18, chapter 22: If an association is organized as a not-for-profit corporation, as is the case with most Oklahoma associations, it will be governed by the Oklahoma General Corporation Act. Other applicable non-profit corporation laws can be found under title 18, chapters 14 and 19.

FAIR HOUSING

Oklahoma Fair Housing Law, §25-1451 through §25-1508: This law protects Oklahomans from discrimination based on race, color, religion, gender, national origin, age, familial status, or disability (§ 1452). The Act provides state-level protections similar to the federal Fair Housing Act (FHA).

Victims of housing discrimination can file a complaint with the following agencies within one (1) year from the date of the discriminatory act.

Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.

SERVICEMEMBERS CIVIL RELIEF ACT

  • The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901 through 4043, protects members of the U.S. Army, Navy, Air Force, Coast Guard, and Marine Corps from collections actions and foreclosures during their time in service. The law protects servicemembers on active duty, activated reservists, and members of the national guard active for more than 30 consecutive days.

In Oklahoma, Okla. Stat. tit. 44, § 208.1 (“the Oklahoma National”), extends SCRA protections to the Oklahoma National Guard when ordered to state active duty or full-time national guard duty. Learn more about the SCRA.

GOVERNMENT AGENCIES

HOA INFORMATION AND DOCUMENTS

  • HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation.

  • Request for Copy or Certified Copy of All the Recorded Covenants and Restrictions of a Real Estate Development: The law requires title companies to provide buyers with copies of all the association's recorded covenants and restrictions before or at the time of closing of the real estate sale (§60-857). Subsequent buyers are deemed to have actual and constructive notice of the association’s covenants and restrictions under the recorded declarations. See Warwick Estates Ass'n, Inc. v. Anderson, 785 P.2d 335, 1989 OK Civ. App. 65 (Okla. Crim. App. 1989).

  • HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.