Board Enforcing Rule Not in Bylaws in Oklahoma?

Question:

What do you do if the hoa board is not built after 3 years and is not sending you the bylaws when your question gets denied? Like turf in the front yard was denied but there is no where in the bylaws

– Kelsey

 

Answer:

Hi Kelsey,

The Oklahoma General Corporation Act states that the board must consist of one or more members. If you don’t have an HOA board, then the association can no longer function as intended. Owners can generally ask a court to appoint a receiver who will manage the community or appoint a new board.

Every homeowner has a right to request a copy of all recorded covenants and restrictions of the community, as per Oklahoma law (Chapter 17 Section 857). As a homeowner, you should also be able to secure a copy of your bylaws. The board does not have the authority to enforce a rule that is not within the bylaws, CC&Rs, or operating rules.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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