Oklahoma HOA Laws

Homeowners associations in Oklahoma must abide by the many laws that govern them. But, what are these Oklahoma HOA laws anyway? Find out below.

For Homeowners Associations

The Oklahoma Real Estate Development Act regulates the creation, operation, management, and authority of residential homeowners associations formed after June 5, 1975, in the state. The statute, though, often refers to such HOAs as “owner’s associations.”

You can find the Oklahoma Real Estate Development Act under Title 60 of the Oklahoma Statutes. It consists of 8 sections, namely:

• Nature of developments.
• Owners association.
• Taxes and special assessments.
• Membership – Covenants and restrictions.
• Application of act.
• Enforcement of restrictions and covenants.
• Copies of recorded covenants and restrictions.
• Displaying the flag of the United States.

For Condominiums

The Oklahoma Unit Ownership Estate Act governs the establishment, operation, authority, and management of condominium associations in the state. It covers the use of common elements, the necessary contents of COA bylaws, insurance requirements, and special assessments.

You can find this Act under Title 60 of the Oklahoma Statutes. It consists of several sections, listed below.

• Citation.
• Creation of unit ownership estate – Recording.
• Definitions.
• Status and title created.
• Undivided interest in common elements – Ratio.
• Common elements to remain undivided – Partition actions prohibited.
• Use of common elements.
• Strict compliance with rules and bylaws by unit owners.
• Maintenance and repair of common elements – Additions or improvements.
• Work jeopardizing soundness or safety of property prohibited without unanimous consent.
• Liens against unit estates – Discharge.
• Expense of administration and repair of common elements – Pro rata share – Exemptions.
• Common profits – Distribution.
• Declaration creating estate – Contents.
• Deeds conveying estates – Recording – Contents.
• Instruments and liens – Effectiveness.
• Plans attached to declarations.
• Removal of property from provisions of act.
• Resubmission of property to provisions of act.
• Administration of property to be governed by bylaws.
• Necessary contents of bylaws.
• Homestead exemptions applicable.
• Assessment of taxes, special assessments and other charges – Liability.
• Liens for unpaid share of common expenses – Priorities – Enforcement.
• Joint and several liability of grantor and grantee for unpaid common expenses.
• Insurance.
• Damage or destruction of building – Repair or restoration- Deficiency assessments – Distribution of funds.
• Obsolete property.
• Actions relating to common elements.
• Persons subject to act.

Oklahoma HOA Laws on Corporate Governance

The Oklahoma General Corporation Act governs homeowners associations that form as non-profit corporations, which is usually the case in the state. You can find this Act under Title 18, Chapter 22 of the Oklahoma Statutes. It consists of 16 sections. Though, it is worth noting that Chapters 14 and 19 of the Oklahoma Statutes also contain provisions that apply to non-profit corporations.

• General Provisions – Sections 18.1001 through 18.1004
• Formation – Sections 18.1005 through 18.1014.1
• Powers – Sections 18.1015 through 18.1020
• Registered Office and Registered Agent – Sections 18.1021 through 18.1026
• Directors and Officers – Sections 18.1027 through 18.1031
• Stock and Dividends – Sections 18.1032 through 18.1053
• Stock Transfers – Sections 18.1054 through 18.1055
• Meetings, Elections, Voting, and Notice – Sections 18.1056 through 18.1075.3
• Amendment of Certificate of Incorporation – Changes in Capital and Capital Stock – Sections 18.1076 through 18.1080
• Merger or Consolidation – Sections 18.1081 through 18.1091
• Sale of Assets, Dissolution, and Winding Up – Sections 18.1092 through 18.1105
• Insolvency, Receivers, and Trustees – Sections 18.1106 through 18.1118
• Renewal, Revival, Extension, and Restoration of Certificate of Incorporation or Charter – Sections 18.1119 through 18.1121
• Suits Against Corporations, Directors, Officers, or Shareholders – Sections 18.1122 through 18.1129
• Foreign Corporations – Sections 18.1130 through 18.1138
• Miscellaneous Provisions – Sections 18.1139 through 18.1144

Fair Housing

There are also Oklahoma HOA laws concerning Fair Housing. Sections 25-1451 through 25-1508 of the Oklahoma Statutes cover the Oklahoma Fair Housing Law. Under this Law, associations may not discriminate against anyone based on their color, race, national origin, disability, familial status, age, gender, or religion. It offers similar protections as the federal Fair Housing Act.

Housing discrimination victims can lodge a formal complaint with the U.S. Department of Housing and Urban Development or the Oklahoma Attorney General’s Office within a year from when the discriminatory act took place. On the other hand, victims may also file a private lawsuit in the federal district court within 2 years of the discriminatory act.

Servicemembers Civil Relief Act

The federal Servicemembers Civil Relief Act offers protection from dues collection acts and foreclosures to members of the U.S. Army, Air Force, Navy, Marine Corps, and Coast Guard while they are active. The HOA laws of Oklahoma expand these protections to the Oklahoma National Guard. Under Title 44, Section 208.1 of the Oklahoma Statutes, members of the Oklahoma National Guard are protected from foreclosures and collection acts while on active duty.