Archive | October 2011

HOA Documents

Order of precedence for documents that govern an Association. Typically, if there is a conflict between a lower document and a higher one, the higher one usually controls (unless it defers to the lower document).

The order of precedence is:

  1. Federal laws
  2. Federal Regulations
  3. Oklahoma State Laws
  4. Tulsa County Codes
  5. Tulsa City Ordinances
  6. Certificate/Deed of Dedication (Covenants, Conditions & Restrictions). In Oklahoma you cannot create any restriction that has not been previously addressed in the CC&Rs. You may amend an existing one but you cannot create a new one if it was not originally in your covenants. ANY CHANGES to the covenants require a vote of the membership.
  7. Articles of Incorporation (cannot conflict with the CC&Rs)
  8. Bylaws (must not conflict with the Certificate of Dedication or Articles of Incorporation)
  9. Association Rules/Regulations adopted by the Board (Resolutions) that are not covered in that CC&Rs. Rules may not change CC&Rs.    (Note that it’s much easier for members to challenge a rule than to challenge CC&Rs or Bylaws. Courts are more likely to overturn a rule than they are to overturn a CC&R.) For instance if the Covenants state: There shall be no fences allowed, then you can’t pass a rule or a By-Law to allow fences. However if the Covenants states that fences are allowed, then the Board may pass reasonable rules as to the type of fence allowed and its placement, unless the Covenant is specific as to the type and placement.

The CC&Rs are, in reality, a contract between you and your neighbors. The Homeowners Association is formed to administer and enforce that contract. Look at your Certificate/Deed of Dedication. It will show that your board of directors can enforce the convenants
Site map for Oklahoma

Statement of Judgment required before filing HOA lien.

Current most popular post:  Assessment liens in Oklahoma

In Oklahoma, a homeowners association (HOA) must provide to the county clerk a statement of judgment before putting a lien on the property. (Check Oklahoma statutes regarding  the costs of receiving a statement of judgment, signed by a judge. )

O.S. §, 12  706  Creation of Lien. A judgment shall be a lien on the real estate of the judgment debtor within a county only from and after a Statement of Judgment has been filed in the office of the county clerk in that county. (A statement of judgment has the case number from court entered on it with all other necessary information showing who “won” and what was decided on who will is responsible for paying the fees.)

To get to that point  the board of directors must  first go to court, properly serve you with papers–usually done by a Sheriff– and then get a judgment before filing a lien. (There are several  other steps that MUST be adhered to, in order to keep the HOA and the board of directors from making a misstep and creating a Slander of Title lawsuit.) It is better to not file a lien in most cases than to put board members at risk for lawsuits and the stress it may cause for the board members families.

IMPORTANT: Be sure that you do NOT confuse the above with  Title 42. of the Oklahoma Statutes which are different. IT IS NOT AS SIMPLE AS SLAPPING A $15 LIEN ON A PROPERTY. 

ALTHOUGH THEY MAY TRY TO TELL YOU OTHERWISE,  MOST  ATTORNEYS ARE NOT  EXPERTS IN THIS AREA (FROM THE NUMEROUS REPORTS WE ARE RECEIVING FROM VIEWERS) AND MAY GIVE WRONG INFORMATION. BE EXTREMELY CAREFUL IF YOU ARE A BOARD MEMBER.

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