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HB2264 HFLR Page 1
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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2264 By: Miller
COMMITTEE SUBSTITUTE
An Act relating to property; amending 60 O.S. 2021,
Section 852, which relates to owners associations;
providing that a lien filed shall include any
obligation in connection with membership in the
owners association by means of a levy or assessment
which arise after the filing of the lien; providing
that an owners association may collect on any amounts
owed to it by filing an action; providing for
attorney fees; providing outcome if a lien has been
filed and the owners association is the prevailing
party; providing outcome if no lien has been filed
and the owners association is the prevailing party;
providing outcome if owners or members are the
prevailing party; providing when an owners
association may foreclose upon a lien or a judgment
lien; providing when lien or a judgment lien may be
foreclosed against an owners association; providing
for recovery of reasonable attorney fees; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 60 O.S. 2021, Section 852, is
amended to read as follows:
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A. An "owners association" may be formed by the owner or owners
of real estate development for the purpose of:
1. providing Providing management, maintenance, preservation
and control of commonly owned areas or any portion of or interest in
them, and/or; and
2. enforcing Enforcing all mutual, common or reciprocal
interests in or restrictions upon all or portions of such separately
owned lots, parcels, or areas, or both.
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.
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. In an action brought to enforce
any lien authorized pursuant to the provisions of this section, the
prevailing party shall be entitled to recover reasonable attorney's
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attorney fees to be fixed by the court, which shall be taxed as
costs in the action. The lien filed shall also include any
obligation in connection with membership in the owners association
by means of a levy or assessment which arise after the filing of the
lien and is otherwise unpaid. 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.
D. The owners association may collect on any amounts owed to it
by filing an action in the district court where the separately or
commonly owned lots, parcels or areas of defaulting owners or
members is located. In an action brought pursuant to this
subsection, the prevailing party shall be entitled to recover
reasonable attorney fees to be fixed by the court, which shall be
taxed as costs in the action. The filing of an action to collect
under this subsection does not affect the rights of the owners
association under subsection E of this section.
1. If a lien has been filed, and the owners association is the
prevailing party, any judgment obtained against the defaulting
owners or members shall supersede the lien and any amounts owed
pursuant to the judgment, including attorney fees, may be collected
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on by the owners association in any manner provided by law for the
collection of judgments.
2. If no lien has been filed, and the owners association is the
prevailing party, any judgment, including attorney fees, obtained
against the defaulting owners or members may become a judgment lien
and be collected on by the owners association in any manner provided
by law for the collection of judgments.
3. If the owners or members are the prevailing party, any
amounts owed pursuant to the judgment, including attorney fees,
shall become an obligation of the owners association which shall be
paid by the owners association, including but not limited to, by
means of a levy or assessment upon the separately or commonly owned
lots, parcels or areas of the owners or members excepting the
prevailing party owners or members. If the owners association also
owns any common area property, the owners or members as the
prevailing party may file a statement of judgment which shall attach
to those common areas.
E. 1. After the third anniversary of the filing of a lien
pursuant to subsection C of this section, or the filing of a
judgment lien pursuant to paragraphs 1 and 2 of subsection D of this
section, whichever is earlier, if there are amounts still owed to
the owners association, the lien or judgment 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.
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2. After the third anniversary of the filing of a judgment lien
pursuant to paragraph 3 of subsection D of this section, if there
are amounts still owed by the owners association, the lien or
judgment 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.
3. In an action brought to enforce any lien authorized pursuant
to the provisions of this subsection, the prevailing party shall be
entitled to recover reasonable attorney fees to be fixed by the
court, which shall be taxed as costs in the action.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/06/2025 - DO PASS,
As Amended.