Many planned communities are managed by a homeowners association (HOA) in Oklahoma. The laws governing HOAs in Oklahoma are established by various local, state, and federal regulations, in addition to each individual HOA’s governing documents.
Who Regulates HOAs in Oklahoma?
In Oklahoma, HOAs are regulated by the Oklahoma Real Estate Development Act (REDA) found in Title 60 Chapter 17 of the Oklahoma Statutes. This act governs the powers of owners association developments that consist of separately owned lots with common interests.
While every HOA has its own individualized structure, the governing documents usually include: Articles of Incorporation, Bylaws, Conditions and Restrictions, Declaration of Covenants, and other rules.
HOAs in Oklahoma may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
How to Find HOA Regulations in Oklahoma
Certain HOA governing documents are public in Oklahoma. The HOA is required to file a document(s) signed by all owners of the real property with the office of the county clerk where the property is located.
The document(s) must contain a description of the real property and responsibilities of HOA members. These records can be obtained by visiting the local county clerk’s office.
HOA Powers in Oklahoma
In Oklahoma, HOAs have the power to:
- Levy reasonable fines
- Collect payments for assessments
- Impose liens for unpaid fees
- Foreclose on a home for unpaid liens
Moreover, an HOA’s governing documents can grant added powers such as restrictions on membership, parking, fencing, and exterior paint colors.
Can an HOA Impose Fines on a Homeowner in Oklahoma?
In Oklahoma, HOAs can impose fines for unpaid fees and assessments. The HOA’s governing documents will also likely note the amount and types of fees in the HOA as well as notice requirements for such fees.
An HOA cannot fine a homeowner for (or generally prohibit) displaying the American flag so long as it is consistent with federal law and installing satellite dishes and antennas.
Can an HOA Take a Homeowner’s House in Oklahoma?
In Oklahoma, HOAs can foreclose on a homeowner’s house for unpaid fines where liens are imposed. Unpaid fines can include violations of rules from the governing documents or late payment of assessments.
HOAs cannot place a lien on a homeowner’s house without first providing written notice of the HOA’s rules and regulations at the time of joining the HOA.
There is no state provision on whether an HOA can evict a tenant or homeowner. However, a homeowner leasing a tenant may allow an HOA to be able to evict the tenant.
For example, an HOA may be able to evict a tenant if the lease was not properly authorized by the HOA. In addition, the HOA may have other powers or restrictions regarding rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Oklahoma?
There is no state provision in Oklahoma that governs HOAs entering a homeowner’s property. Clauses of if, when, and how an HOA can enter a homeowner’s house will be listed in its governing documents.
Typically, an HOA may be able to enter a homeowner’s property in case of emergency, maintenance, or violation of any rules or regulations.
Except in the case of an emergency, reasonable notice should be provided to the homeowner before the HOA is to enter the property. A reasonable timeline can range depending on the reason for entry between three days and a couple of weeks.
Where Do Homeowners File Complaints Against Their HOA in Oklahoma?
Where to file a complaint against an HOA in Oklahoma depends on the type of complaint.
For complaints concerning HOA fees, a homeowner can file a complaint with the Oklahoma Real Estate Commission, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state, eastern federal, or western federal court within one year of the violation date.
For complaints of housing discrimination, they can file a complaint with the Oklahoma Office of the Attorney General, the U.S. Department of Urban Housing, or file a private lawsuit in Oklahoma state, eastern federal, or western federal court.
Alternatively, a homeowner with any other complaints can bring a claim in state court in the appropriate county.
Joining and Leaving an HOA in Oklahoma
There is no state provision on joining or leaving an HOA in Oklahoma. These clauses are determined by the HOA’s governing documents. Documents explaining the HOA and its membership rules should be presented at the closing for a new owner’s home purchase.
Usually, there are two types of HOAs that regulate joining and leaving clauses:
- Mandatory HOAs. When a person buys a home, they automatically become a member required to abide by any HOA rules listed in the governing documents. This usually includes that a homeowner is not able to leave the HOA freely.
- Voluntary HOAs. When a person buys a home, membership is a choice for each homeowner. If they choose to become a member, they may leave at any time by stopping their payments with the HOA.
To leave a mandatory HOA, a homeowner can sell their house or try to petition the court to have their home removed. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Oklahoma
The process for dissolution of an HOA in Oklahoma may be set forth in the HOA’s governing documents. If it is not, a majority of HOA members entitled to vote for the proposed dissolution is required for approval.
If dissolution is approved by a majority of HOA members, the HOA must file a certificate of dissolution with the Oklahoma Secretary of State. The HOA is considered dissolved upon filing.
Sources
- 1 Okla. Stat. Ann. tit. 60, § 852
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B. An owners association shall be formed by the execution of an instrument signed and acknowledged by all owners of the real property included. Such instrument shall set forth in detail the nature of the obligations of the members and shall be filed of record in the office of the county clerk of the county wherein the real property is located. The instrument shall include a description of said real property.
Source Link - 2 Okla. Stat. Ann. tit. 60, § 852
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C. The owners association shall have the power to enforce any obligation in connection with membership in the owners association by means of a levy or assessment which may become a lien upon the separately or commonly owned lots, parcels or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale.
Source Link - 3 Okla. Stat. Ann. tit. 60, § 858
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An owners association, condominium association, cooperative association or residential real estate management association shall not adopt or enforce any policy or enter into any agreement that would restrict or prevent a member of the association from displaying the flag of the United States at a reasonable height, not to exceed twenty (20) feet, on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 4 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 5 Okla. Stat. Ann. tit. 60, § 852
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No lien may be placed or mortgage foreclosed unless the homeowner was informed in writing upon joining the owners association of the existence and content of the owners association restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association.
Source Link - 6 When You Must Allow an HOA Representative to Enter Your Unit
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…an HOA representative can enter an owner’s unit in emergency situations, or for health and safety reasons… Many HOAs also have the right to enter an owner’s unit to maintain common elements… An HOA might also have the right to enter an owner’s unit to inspect for a violation of the development’s rules or regulations. Normally this is allowed only if the HOA has good reason to believe a violation is occurring… State statutes commonly require that HOAs provide an owner with “reasonable” notice. What’s considered “reasonable” depends on the situation. For example, prior notice of between three days and a week might be reasonable for an HOA wishing to enter an owner’s unit to perform periodic common area maintenance… if immediate entrance is necessary for health or safety reasons (such as if there is a fire in the unit), minimal or no notice is probably acceptable.
Source Link - 7 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 8 Okla. Stat. Ann. tit. 18, § 1096
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B. At the meeting a vote shall be taken upon the proposed dissolution. If a majority of the outstanding stock of the corporation entitled to vote thereon shall vote for the proposed dissolution, a certificate of dissolution shall be filed with the Secretary of State pursuant to subsection D of this section… F. Upon a certificate of dissolution becoming effective in accordance with Section 1007 of this title, the corporation shall be dissolved.
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