{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-42-106.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-42-106.1","heading":"Amendment of restrictive covenant on property in","body":"residential addition — Creation of neighborhood association —\n\nDiscriminatory restrictive covenants.\n\nA. Any restrictive covenant on property contained in a\n\nresidential addition may be amended if:\n\n1. The restrictive covenant has been in existence for at least\n\nten (10) years and the amendment is approved by the owners of at\n\nleast seventy percent (70%) of the parcels contained in the addition\n\nor the amount specified in the restrictive covenant, whichever is\n\nless; or\n\n2. The restrictive covenant has been in existence for at least\n\nfifteen (15) years and the amendment is approved by the owners of at\n\nleast sixty percent (60%) of the parcels contained in the addition\n\nor the amount specified in the restrictive covenant, whichever is\n\nless.\n\nB. Where a preliminary plat has been filed for a residential\n\naddition, the requirements of paragraphs 1 and 2 of subsection A of\n\nthis section shall include all the parcels contained in the\n\npreliminary plat.\n\nC. In the absence of a provision providing for the amendment of\n\nthe restrictive covenants of a residential addition the requirements\n\nof paragraphs 1 and 2 of subsection A of this section shall apply.\n\nA thirty-day notice of any meeting called to amend the restrictive\n\ncovenants shall be provided to the owners of every parcel contained\n\nin the addition. Each parcel shall be entitled to one vote.\n\nD. The recorded restrictive covenants on property contained in\n\na residential addition may be amended by the addition of a new\n\ncovenant creating a neighborhood association for the addition that\n\nwould require the mandatory participation of the successors-in-\n\ninterest of all record owners of parcels within the addition at the\n\ntime the amendment is recorded. The amendment must be approved by\n\nthe record owners of at least sixty percent (60%) of the parcels\n\ncontained in the addition and shall be subject to the following:\n\n1. The amendment shall provide that participation in the\n\nneighborhood association created by the amendment shall not be\n\nmandatory for persons who are record owners of parcels within the\n\nresidential addition at the time the amendment is filed of record,\n\nbut such participation shall be mandatory for all successors-in-\n\ninterest of the record owners;\n\n2. The amendment must provide that the concurring vote of not\n\nless than sixty percent (60%) of the record owners of parcels\n\ncontained in the addition shall be necessary for the establishment\n\nor change of dues for the neighborhood association; and\n\n3. Following approval, the amendment shall be filed of record\n\nin the office of the county clerk of the county wherein the\n\nresidential addition is located against all parcels within the\n\naddition. The term amendment may apply to an existing covenant or\n\nto a new subject not addressed in existing covenants.\n\nA thirty-day written notice of any meeting called to approve any\n\nsuch amendment shall be provided to the owners of every parcel\n\ncontained in the residential addition. The notice of such meeting\n\nshall be published in a newspaper in the county at least fourteen\n\nan existing covenant or\n\nto a new subject not addressed in existing covenants.\n\nA thirty-day written notice of any meeting called to approve any\n\nsuch amendment shall be provided to the owners of every parcel\n\ncontained in the residential addition. The notice of such meeting\n\nshall be published in a newspaper in the county at least fourteen\n\n(14) days before the meeting. The notice shall also be given by\n\npublication in the neighborhood newsletter. Each parcel within the\n\naddition shall be entitled to one vote. Any amendment approved and\n\nrecorded pursuant to this subsection may thereafter be revoked by\n\napproval of sixty percent (60%) of the record owners of parcels\n\nwithin the addition.\n\nE. A municipality may amend an existing plat which was\n\npreviously filed with the office of the county clerk of the county\n\nwhere the addition is located to remove an illegal discriminatory\n\nrestrictive covenant pursuant to the Fair Housing Act, 42 U.S.C.,\n\nSection 3601 et seq. The amendment shall be filed on record in the\n\noffice of the county clerk of the county where the addition is\n\nlocated against all parcels within the addition after:\n\n1. The municipality provides thirty (30) days’ written notice\n\nto all property owners of all parcels within the addition of the\n\nproposed amendment to remove an illegal discriminatory restrictive\n\ncovenant, the notice including the time, date, and place of the\n\nplanning commission meeting where the amendment will be considered;\n\nand\n\n2. The governing body of the municipality approves the amended\n\nplat.\n\nNothing in this subsection shall be construed as requiring the\n\napproval of the amended plat by the property owners of all parcels\n\nwithin the addition.\n\nF. An illegal discriminatory restrictive covenant contained on\n\na plat is not enforceable in this state, and all illegal\n\ndiscriminatory restrictive covenants contained in plats recorded in\n\nthis state are unlawful, unenforceable, and declared null and void.\n\nAny illegal discriminatory restrictive covenant contained in an\n\nexisting plat is extinguished and severed from the plat, with the\n\nremainder of such plat remaining enforceable and effective.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"254d9af663e2395d6dd04e36a17e6521830699396d23fa6934c12ba8504659eb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-42-106","next":"us-ok/okla.-stat.-tit.-11-11-42-107"},"notice":"GroundRules: Original legal text. Not legal advice."}