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An Act
ENROLLED HOUSE
BILL NO. 2171 By: Pfeiffer and Waldron of the
House
and
Thompson and Boren of the
Senate
An Act relating to unlawful land restriction;
creating the Oklahoma Uniform Unlawful Restrictions
in Land Records Act; defining terms; providing that a
property owner may record an amendment to remove an
unlawful restriction; providing requirements for an
owner to file an amendment; providing for an owners
association to record an amendment to remove an
unlawful restriction; providing requirements for an
owners association to file an amendment; providing
requirements and limitations of an amendment to
remove an unlawful restriction; providing form for an
amendment to remove an unlawful restriction;
providing duties and liability of county clerk for
recording an amendment to remove an unlawful
restriction; providing relation to the Electronic
Signatures in Global and National Commerce Act;
providing for codification; and providing an
effective date.
SUBJECT: Unlawful land restriction
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 401 of Title 16, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Uniform Unlawful Restrictions in Land Records Act".
ENR. H. B. NO. 2171 Page 2
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 402 of Title 16, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
1. "Amendment" means a document that removes an unlawful
restriction;
2. "Document" means a record recorded or eligible to be
recorded in land records;
3. "Governing instrument" means a document recorded in land
records that:
a. establishes a governing body responsible for
management of common areas or facilities used by more
than one owner of a property interest affected by the
document, and
b. requires contribution, enforceable by a lien on a
separate property interest, of a share of taxes,
insurance premiums, maintenance, or improvement of, or
services or other expenses for the common benefit of,
the real property described in the document;
4. "Index" means a system that enables a search for a document
in land records;
5. "Land records" means documents and indexes maintained by a
recorder;
6. "Owner" means a person that has a fee interest in real
property;
7. "Person" means an individual, estate, business or nonprofit
entity, government or governmental subdivision, agency, or
instrumentality, or other legal entity;
8. "Record", used as a noun, means information:
a. inscribed on a tangible medium, or
b. stored in an electronic or other medium and
retrievable in perceivable form;
ENR. H. B. NO. 2171 Page 3
9. "Recorder" means an officer authorized under other laws of
this state to accept a document for recordation in land records;
10. "Remove" means eliminate any apparent or purportedly
continuing effect on title to real property; and
11. "Unlawful restriction" means a prohibition, restriction,
covenant, or condition in a document that purports to interfere with
or restrict the transfer, use, or occupancy of real property:
a. on the basis of race, color, religion, national
origin, sex, familial status, disability, or other
personal characteristics, and
b. in violation of other laws of this state or federal
law.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 403 of Title 16, unless there is
created a duplication in numbering, reads as follows:
Except with respect to property to which Section 4 of this act
applies, an owner of real property subject to an unlawful
restriction may submit to the recorder for recordation in the land
records an amendment to remove the unlawful restriction, but only as
to the owner's property.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 404 of Title 16, unless there is
created a duplication in numbering, reads as follows:
A. The governing body of an owners association identified in a
governing instrument may, without a vote of the members of the
association, amend the governing instrument to remove an unlawful
restriction.
B. A member of an owners association may request, in a record
that sufficiently identifies an unlawful restriction in the
governing instrument, that the governing body exercise its authority
under subsection A of this section. Not later than ninety (90) days
after the governing body receives the request, the governing body
shall determine reasonably and in good faith whether the governing
instrument includes the unlawful restriction. If the governing body
determines the governing instrument includes the unlawful
ENR. H. B. NO. 2171 Page 4
restriction, the governing body, not later than ninety (90) days
after the determination, shall amend the governing instrument to
remove the unlawful restriction.
C. Notwithstanding any provision of the governing instrument or
other laws of this state, the governing body may execute an
amendment under this section.
D. An amendment under this section is effective notwithstanding
any provision of the governing instrument or other law of this state
that requires a vote of the members of the owners association to
amend the governing instrument.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 405 of Title 16, unless there is
created a duplication in numbering, reads as follows:
A. An amendment under this act must identify the owner, the
real property affected, and the document containing the unlawful
restriction. The amendment must include a conspicuous statement in
substantially the following form:
"This amendment removes from this deed or other document
affecting title to real property an unlawful restriction as defined
under the Oklahoma Uniform Unlawful Restrictions in Land Records
Act. This amendment does not affect the validity or enforceability
of a restriction that is not an unlawful restriction."
B. The amendment must be executed and acknowledged in the
manner required for recordation of a document in the land records.
The amendment must be recorded with the county clerk in the county
in which the document containing the unlawful restriction is
recorded.
C. The amendment does not affect the validity or enforceability
of any restriction that is not an unlawful restriction.
D. The amendment or a future conveyance of the affected real
property is not a republication of a restriction that otherwise
would expire by passage of time under other law of this state.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 406 of Title 16, unless there is
created a duplication in numbering, reads as follows:
ENR. H. B. NO. 2171 Page 5
The following form may be used by an owner to make an amendment
under Section 3 of this act:
Amendment by Owner to Remove an Unlawful Restriction
This Amendment is recorded under the Oklahoma Uniform Unlawful
Restrictions in Land Records Act (the Act), by an Owner of an
interest in real property subject to an unlawful restriction as
defined under the Act.
(1) Name of Owner:
(2) Owner's property that is subject to the unlawful restriction is
described as follows:
Address:
Legal Description:
(3) This Amendment amends the following document:
Title of document being amended:
Recording date of document being amended:
Recording information (book/page or instrument number):
This Amendment removes from the document described in paragraph (3)
all unlawful restrictions as defined under the Act. Removal of an
unlawful restriction through this Amendment does not affect the
validity and enforceability of any other restriction that is not an
unlawful restriction as defined under the Act, at the time of filing
this Amendment. This Amendment is not effective if the property is
subject to a governing instrument as defined under the Act.
Owner's Signature Date
Notary Acknowledgment:
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 407 of Title 16, unless there is
created a duplication in numbering, reads as follows:
ENR. H. B. NO. 2171 Page 6
A. A county clerk shall record an amendment submitted under
this act, add the amendment to the index, and cross-reference the
amendment to the document containing the unlawful restriction.
B. A county clerk is not liable for recording an amendment
under this act.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 408 of Title 16, unless there is
created a duplication in numbering, reads as follows:
This act modifies, limits, or supersedes the Electronic
Signatures in Global and National Commerce Act, 15 U.S.C., Section
7001 et seq., as amended, but does not modify, limit, or supersede
15 U.S.C., Section 7001(c), or authorize electronic delivery of any
of the notices described in 15 U.S.C., Section 7003(b).
SECTION 9. This act shall become effective November 1, 2025.
ENR. H. B. NO. 2171 Page 7
Passed the House of Representatives the 13th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________