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ENGROSSED HOUSE
BILL NO. 2800 By: Marti of the House
and
Seifried of the Senate
[ property - retention of documents - accessibility -
notification to homeowners - update – covenant –
condition - restriction - owners association -
disclosure of certain fees - fee amounts - good
standing documents - disclosure documents -
restrictive covenants - fair economic use of a
property - settlement services provider - statement
– fee structure - violations - notification –
meeting - recorded covenants and restrictions –
codification -
emergency ]
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 857.1 of Title 60, unless there
is created a duplication in numbering, reads as follows:
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Copies or certified copies of all the recorded covenants,
conditions, and restrictions of a real estate development, including
any recorded amendments and addendums to the documents, shall be
retained by the managing entity of a real estate development and
shall be accessible electronically within a reasonable amount of
time, not to exceed three (3) business days beyond receipt of
request, to all parties to a home transaction or a property owner
whose property falls within such development.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 857.2 of Title 60, unless there
is created a duplication in numbering, reads as follows:
Notification sent via email or by postal mail to all homeowners
within an owners association's jurisdiction shall be required of an
owners association within five (5) business days upon adoption of an
update of covenants, conditions, and restrictions.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 857.3 of Title 60, unless there
is created a duplication in numbering, reads as follows:
All entities tasked with managing an owners association shall
disclose individual fees assessed by an owners association or a
third-party management company and the limit on each individual fee
shall be no more than One Hundred Seventy-five Dollars ($175.00).
Fees shall not include any fines, assessments, or services.
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Upon request of documents reporting the condition of a property
for sale, a homeowner shall not be charged a fee for a report on
said property.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 857.4 of Title 60, unless there
is created a duplication in numbering, reads as follows:
An owners association shall keep records with regard to the
financial condition of the owners association, including audits, and
records with regard to dues and any outstanding assessments or
fines, to be updated at least quarterly. Upon written request by
the owner or owner's authorized agent, an owners association shall
issue a statement to the requesting party detailing a homeowner's
standing with regard to dues and any outstanding assessments or
fines. Said statement shall be provided to the requesting owner or
owner's authorized agent within five (5) business days of request
and shall not be accompanied by charges in excess of Fifty Dollars
($50.00) for each completed request.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 857.5 of Title 60, unless there
is created a duplication in numbering, reads as follows:
Owner associations or managing entities of owners associations
shall delineate in documents for the association the fee structure
surrounding operation of the owners association and any potential
charges to homeowners arising therefrom.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 857.6 of Title 60, unless there
is created a duplication in numbering, reads as follows:
Owners associations or managing entities of homeowners
associations shall delineate in documents for the association the
schedule of fines for violations of the owners association's
covenants, conditions, and restrictions. Updates to fine structures
shall not occur more than once per calendar year at an annual owners
association meeting. Owners shall be notified of such meetings
under requirements set forth under Title 18 of the Oklahoma
Statutes.
SECTION 7. AMENDATORY 60 O.S. 2021, Section 857, is
amended to read as follows:
Section 857. A copy Copies or a certified copy copies of all
the recorded covenants and restrictions of a real estate
development, including any recorded amendments and addendums to
these documents, that are referenced in the commitment for title
insurance shall be provided by the title company settlement services
provider closing the sale to the buyer of property in the real
estate development as a part of the closing of the real estate sale.
The buyer may be charged no more than Twenty-five Dollars ($25.00)
for the copy, and the copy copies. In the event that certified
copies are requested, a settlement services provider may also charge
the cost incurred for obtaining said copies from the county clerk.
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The copies shall either be provided prior to or at the time of
closing either by mail to the buyer's last-known address, hand-
delivered or electronically delivered.
SECTION 8. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 27th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________ , 2025.
Presiding Officer of the Senate