Limits on the Authority of Oklahoma Homeowners Associations

Homeowners associations are common throughout Oklahoma and play a legitimate role in managing shared communities. Their authority, however, is limited. HOA boards possess no inherent powers and may act only within the bounds established by recorded covenants, governing documents, and applicable Oklahoma law. When an association exceeds those limits, its actions may be unenforceable and subject to legal challenge.

This article addresses common areas in which Oklahoma HOAs overstep their authority and outlines the statutory and case-law principles that constrain such conduct.

Where HOA Authority Comes From

An Oklahoma homeowners association derives its authority solely from three sources:

    1    The recorded covenants, conditions, and restrictions affecting the property;

    2    The association’s bylaws and articles of incorporation; and

    3    Applicable Oklahoma statutes, including the Property Owners’ Association Act, 60 O.S. §§ 850–865, and the Oklahoma Nonprofit Corporation Act, 18 O.S. §§ 1001 et seq.

Absent an express grant of authority in these sources, an HOA generally lacks the power to act. Oklahoma courts construe restrictive covenants narrowly and resolve ambiguities in favor of the free use of property.

Unauthorized Fines and Enforcement Actions

Under Oklahoma law, an HOA may levy assessments and enforce covenants only as authorized by the recorded declaration. See 60 O.S. § 852(A). Fines or penalties imposed without express authorization in the declaration or bylaws are subject to challenge.

Restrictive covenants are contractual in nature and must be enforced as written. An association may not expand its enforcement authority through board resolutions, informal policies, or unpublished “rules” that are not grounded in the recorded covenants. See Villas West II of Willowridge Homeowners Ass’n, Inc. v. McGlothin, 1990 OK CIV APP 80, ¶ 9, 885 P.2d 1296.

Selective or Arbitrary Enforcement

Selective enforcement undermines an HOA’s authority. Where an association tolerates violations by some homeowners while pursuing enforcement against others, courts may find waiver or abandonment of the restriction. See Bixler v. Holm, 1967 OK 178, ¶ 11, 436 P.2d 386.

HOA boards must act consistently and in good faith. Arbitrary or disparate treatment of similarly situated homeowners exposes the association to legal risk and may bar enforcement altogether.

Rules Not Supported by Recorded Covenants

HOAs frequently attempt to regulate matters not addressed in the recorded covenants, such as vehicle restrictions, signage, temporary structures, or other uses of private property. Oklahoma courts will not imply restrictions that do not clearly appear in the covenants. See O’Connor v. Resort Custom Builders, Inc., 1978 OK 27, ¶ 6, 591 P.2d 276.

Absent recorded authority or statutory authorization, an HOA lacks the power to impose new restrictions on property rights.

Liens, Collection Practices, and Foreclosure Threats

An HOA’s right to record a lien for unpaid assessments is governed by statute and the declaration. Under 60 O.S. § 852(B), lien rights are limited to amounts lawfully assessed and properly noticed. Improper lien filings or foreclosure threats made without strict compliance with statutory and contractual requirements may be invalid.

HOAs are also subject to Oklahoma law governing nonprofit corporations and applicable collection standards. See 18 O.S. §§ 1001 et seq.

Procedural Requirements and Fair Process

Most declarations and bylaws require notice and an opportunity to be heard before fines or enforcement actions are imposed. Failure to follow required procedures may render an HOA’s actions unenforceable. Oklahoma courts give significant weight to whether an association adhered to its own governing documents.

Conclusion

Oklahoma homeowners associations may enforce valid covenants, but only within the limits established by law and by their recorded governing documents. Courts strictly construe restrictive covenants and do not permit boards to expand their authority through informal or unilateral action. When an HOA exceeds those limits, homeowners are entitled to challenge the enforcement and seek appropriate relief.

If you have questions regarding HOA enforcement actions, fines, liens, or covenant disputes, consult counsel experienced in Oklahoma property and association law.