Our initial scan found 3 potential issues in your governing documents.
We checked the 2 public PDFs on Oak Tree HOA’s website against current Oklahoma and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies+ Add up to 10 PDFs in Full Analysis
Declaration of Covenants, Conditions & Restrictions · Declaration of Covenants, Conditions and Restrictions, Article V, Section 5.08 · Page 1
Omission of Mandatory Recorded Notice of Lien and Judicial Foreclosure Requirement Under 60 O.S. § 852(C)
Operative Clause · Declaration of Covenants, Conditions and Restrictions, Article V, Section 5.08 (Page 1)
“Assessment Lien Enforcement by Non-Judicial Power of Sale and Unrecorded Lien Priority — All annual, special, and individual assessments, together with interest, late charges, costs, and reasonable…”
Why It’s Flagged
60 O.S. § 852(C) (Oklahoma Real Estate Development Act — Enforcement of Liens)
Under the Oklahoma Real Estate Development Act, 60 O.S. § 852(C), no assessment lien may be foreclosed unless the owners association first records a written notice of lien in the office of the county clerk of Oklahoma County stating the amount of the assessment and description of the property, and 60 O.S. § 852(C) provides that such lien 'may be foreclosed by an action in the district court' in the manner of a mortgage foreclosure—not by unilateral non-judicial power of sale without a signed power-of-sale mortgage notice conforming to 46 O.S. § 43.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Declaration of Covenants, Conditions and Restrictions, Article V, Section 5.08 to conform with 60 O.S. § 852(C) (Oklahoma Real Estate Development Act — Enforcement of Liens) prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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