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.
- 1 Okla. Stat. Ann. tit. 60, § 852
- 2 Okla. Stat. Ann. tit. 60, § 852
- 3 Okla. Stat. Ann. tit. 60, § 858
- 4 Over-the-Air Reception Devices Rule (OTARD Rule)
- 5 Okla. Stat. Ann. tit. 60, § 852
- 6 When You Must Allow an HOA Representative to Enter Your Unit
- 7 Can you refuse to join an HOA?
- 8 Okla. Stat. Ann. tit. 18, § 1096