Are you an HOA manager, board member, or executive? If so, you need to read this article. Having a good understanding of the relevant homeowners association laws is an important part of managing a community association.

In this article, we'll provide an overview of the legislature that may apply to your HOA to help point you in the right direction.

What Are Homeowners and Condominium Associations?

Homeowners and condominium associations are private entities that are instituted to manage and administer common areas and facilities.

Condominium associations often manage common areas in multi-unit buildings or complexes, whereas HOAs regulate communal spaces in single-family houses in planned communities.

They create and enforce rules and regulations in order to preserve property values in the community and maintain a high quality of life. Members pay dues or assessments on a regular basis to cover costs such as repairs, landscaping, maintenance, security, and community enhancements.

HOAs and condominium associations may also host social gatherings and enforce architectural standards. While they provide benefits such as cohesiveness in the community and property maintenance, they may also impose taxes and owners association restrictions.

An Overview of Oklahoma HOA Laws and Regulations

Without further ado, here are the laws and regulations that you need to know about. Keep in mind that it would be impossible to mention every law that might apply to HOAs, so it's important that you look up relevant laws in your county and ensure that your association complies with them.

Oklahoma Real Estate Development Act

Homeowner's associations in Oklahoma are governed by the Oklahoma Real Estate Development Act (REDA), which may be found in Title 60 Chapter 17 of the Oklahoma Statutes. This legislation covers the authority of owners' associations, which are made up of individually owned parcels with shared interests.

Oklahoma Unit Ownership Estate Act

This act establishes an extensive legal structure in Oklahoma for the establishment, administration, duties, authority, and functioning of condominium associations.

Oklahoma Fair Housing Law

The Oklahoma Fair Housing Law ensures that residents are protected from housing discrimination based on characteristics such as the following: 

  • Religion
  • Age
  • National origin
  • Disability
  • Familial status
  • Race
  • Gender
  • Color

It can be compared to the federal Fair Housing Act (FHA) and provides protection from discrimination at the state level. HOAs must be familiar with this legislation, as treating homeowners and potential homeowners unfairly is punishable under this law.

Oklahoma General Corporation Act

The Oklahoma General Corporation Act governs HOAs that are incorporated as nonprofit corporations, as are the majority of Oklahoma HOAs. Title 18, chapters 14 and 19, contain additional related laws for nonprofit corporations.

Servicemembers Civil Relief Act

Members of the United States Navy, Army, Marine Corps, Air Force, and the Oklahoma National Guard are protected against collection proceedings and foreclosures while on active duty.

The statute safeguards servicemembers who are currently away on active duty, reservists who have been activated, as well as members of the National Guard who have been engaged for a period of time exceeding 30 days.

Fines and Foreclosures

Homeowner's associations in Oklahoma can levy fines for delinquent fees and assessments. The details concerning these fees, such as the type and amount, would most likely be noted in the HOA's governing documents.

Community associations in Oklahoma may not penalize a homeowner for displaying the US national flag (provided it is done so in accordance with federal regulations). They are also not allowed to restrict the installation of antennas and satellite dishes but may include guidelines on the placement of such items.

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With powerful features, such as accounting tools, data storage features, communication portals, and so much more, you can track work orders, prepare budgets and financial statements, and schedule meetings quickly and easily.

Plus, our team is always there to help you if you encounter any issues, so you can count on our customer support to ensure that you get the most out of your software.

Contact us today to find out more about our HOA management software or schedule your free, no-obligation demo!

Final Remarks

It goes without saying that those in management positions need to have a comprehensive understanding of the relevant laws and regulations that govern homeowners associations.

We have provided a roadmap here to point you in the right direction, so further research is needed to ensure that you truly understand the legal ramifications.

We recommend consulting a legal expert for guidance and using our property management software to ensure that your organization maintains proper records, communicates well, and is able to meet the demands of the job.

Try DoorLoop out for free to see how it can transform your workflow!

Frequently Asked Questions

1. Can a resident take an HOA to federal district court?

Yes. If there an HOA has violated a federal law, the matter can be taken to court. A member would have to file a private lawsuit with the help of a lawyer to have the matter addressed in court.

Knowing how to manage complaints and disputes is essential, as is having the right tools to help you document processes, or a dispute can become a matter of he-said-she-said. Owners association management can count on DoorLoop to help with this.

2. What are governing documents?

HOAs in Oklahoma are regulated by local, federal, and Oklahoma law. They are also governed internally by their own community documents. These typically include the Articles of Incorporation, Declaration of Covenants, Conditions, and Restrictions (CC&R), and Bylaws.

3. Where can I find HOA regulations in Oklahoma?

In Oklahoma, some HOA documents are open to the public. Homeowners associations have to file a document that is signed by every member of the community with the county clerk where it is situated.

This document will need to include a description of the real estate as well as the duties of all members. You can view it by contacting the county clerk's office in your area.

4. Can HOAs in Oklahoma foreclose on a house because of unpaid assessments?

Yes. Oklahoma HOAs have the power to foreclose on a home if the owner does not pay their dues.

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David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!