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Oklahoma Legislature· HB 2800Second Reading referred to Judiciary

An act relating to property, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2800                 By: Marti

4

5

6                   AS INTRODUCED

7   An Act relating to property; requiring the retention

    of certain documents; requiring accessibility to

8   certain documents; providing time frame to provide

    documents to certain parties; requiring notification

9   to homeowners of adoption of an update of a covenant,

    condition, or restriction by an owners association;

10  providing for disclosing of certain fees; limiting

    fee amounts; prohibiting fee for certain document;

11  providing that a title insurance company shall

    include a letter from the owners association to the

12  property owner, at cost to the title insurance

    company, which declares the property in good

13  standing; providing for fees of good standing

    documents; providing certain disclosure document to

14  be provided by certain parties upon a title

    commitment; providing fee for providing certain

15  disclosure documents; providing that a buyer has a

    certain time to withdraw from a contract for sale;

16  prohibiting the restrictive covenants which limit the

    fair economic use of a property; requiring an owners

17  association to issue to a title company a letter

    stating that a homeowner is in good standing;

18  requiring the disclosure by certain parties of the

    fee structure surrounding operation of an owners

19  association and any potential charges to homeowner;

    requiring the disclosure by certain parties of the

20  fines for violations of the homeowners association's

    covenants, conditions, and restrictions; limiting how

21  many times a fine structure may be updated; requiring

    certain notification of certain meeting; amending 60

22  O.S. 2021, Section 857, which relates to copies of

    recorded covenants and restrictions; modifying

23  terminology; providing for codification; and

    providing an effective date.

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    Req. No. 12189                                         Page 1
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2 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

3   SECTION 1.        NEW LAW     A new section of law to be codified

4 in the Oklahoma Statutes as Section 857.1 of Title 60, unless there

5 is created a duplication in numbering, reads as follows:

6   A copy or a certified copy of all the recorded covenants,

7 conditions, and restrictions of a real estate development shall be

8 retained by the managing entity of a real estate development and

9 shall be accessible within a reasonable amount of time, not to exceed

10 seventy-two (72) hours beyond receipt of request, to all parties to a

11 home transaction or a property owner whose property falls within

12 such development.

13  SECTION 2.        NEW LAW     A new section of law to be codified

14 in the Oklahoma Statutes as Section 857.2 of Title 60, unless there

15 is created a duplication in numbering, reads as follows:

16  Notification to all homeowners within an owners association's

17 jurisdiction shall be required of an owners association within five

18 (5) business days upon adoption of an update of covenants,

19 conditions, and restrictions.

20  SECTION 3.        NEW LAW     A new section of law to be codified

21 in the Oklahoma Statutes as Section 857.3 of Title 60, unless there

22 is created a duplication in numbering, reads as follows:

23  All entities tasked with managing an owners association shall

24 disclose individual fees assessed by an owners association or a

    Req. No. 12189                                                  Page 2
1 third-party management company and the limit on each individual fee

2 shall be no more than One Hundred Seventy-five Dollars ($175.00).

3   Upon request of documents reporting the condition of a property

4 for sale, a homeowner shall not be charged a fee for a report on said

5 property.

6   SECTION 4.      NEW LAW  A new section of law to be codified

7 in the Oklahoma Statutes as Section 857.4 of Title 60, unless there

8 is created a duplication in numbering, reads as follows:

9   Prior to a homebuyer closing on a home and within fourteen (14)

10 days of request, a title insurance company shall include a letter

11 from the owners association to the property owner, at cost to the

12 title insurance company, which shall declare the property in good

13 standing. Subsequent letters requested of and provided by the title

14 company may be accompanied by charges to the homeowner at a rate not

15 to exceed Fifty Dollars ($50.00) for each completed request.

16  SECTION 5.      NEW LAW  A new section of law to be codified

17 in the Oklahoma Statutes as Section 857.5 of Title 60, unless there

18 is created a duplication in numbering, reads as follows:

19  Upon the implementation of a title commitment, a title insurance

20 company shall include a packet of information which has the most

21 recent updated version of the covenants, conditions, and restrictions

22 of the development in which the property is located and shall

23 include the development's restrictions to which the property is

24 subject. It shall be the responsibility of the title company to

    Req. No. 12189                                                  Page 3
1 verify and disclose the information to the property owner as a

2 condition of verifying that the title to the property is free and

3 clear. A title insurance company may charge a fee for production of

4 the covenants, conditions, and restrictions, not to exceed One

5 Hundred Fifty Dollars ($150.00).

6   SECTION 6.      NEW LAW  A new section of law to be codified

7 in the Oklahoma Statutes as Section 857.6 of Title 60, unless there

8 is created a duplication in numbering, reads as follows:

9   A buyer shall have an unrestricted right to withdraw from a

10 contract for sale within five (5) days of the receipt of the

11 covenants, conditions, and restrictions or the financials of the

12 owners association to the purchaser or purchaser's agent.

13  SECTION 7.      NEW LAW  A new section of law to be codified

14 in the Oklahoma Statutes as Section 857.7 of Title 60, unless there

15 is created a duplication in numbering, reads as follows:

16  An owners association shall not pass restrictive covenants which

17 limit the fair economic use of a property, including the right to

18 rent a property either long-term or short-term or as the office of

19 an in-home business.

20  SECTION 8.      NEW LAW  A new section of law to be codified

21 in the Oklahoma Statutes as Section 857.8 of Title 60, unless there

22 is created a duplication in numbering, reads as follows:

23

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    Req. No. 12189                                                Page 4
1   An owners association shall issue a letter to the title company

2 ensuring that a homeowner is in good standing with regard to dues

3 and any outstanding assessments or fines, to be updated quarterly.

4   SECTION 9.      NEW LAW     A new section of law to be codified

5 in the Oklahoma Statutes as Section 857.9 of Title 60, unless there

6 is created a duplication in numbering, reads as follows:

7   Owner associations or managing entities of owners associations

8 shall delineate in documents for the association the fee structure

9 surrounding operation of the owners association and any potential

10 charges to homeowners arising therefrom.

11  SECTION 10.     NEW LAW     A new section of law to be codified

12 in the Oklahoma Statutes as Section 857.10 of Title 60, unless there

13 is created a duplication in numbering, reads as follows:

14  Homeowners associations or managing entities of homeowners

15 associations shall delineate in documents for the association the

16 schedule of fines for violations of the homeowners association's

17 covenants, conditions, and restrictions. Updates to fine structures

18 shall not occur more than once per calendar year at a meeting on a

19 predetermined date. Homeowners shall be notified of such meetings

20 under requirements set forth under Title 18 of the Oklahoma

21 Statutes.

22  SECTION 11.     AMENDATORY  60 O.S. 2021, Section 857, is

23 amended to read as follows:

24

    Req. No. 12189                                              Page 5
1   Section 857. A copy Copies or a certified copy copies of all

2 the recorded covenants and restrictions of a real estate development

3 along with any addendums to these documents shall be provided by the

4 title company closing the sale to the buyer of property in the real

5 estate development as a part of the closing of the real estate sale.

6 The buyer may be charged no more than Twenty-five Dollars ($25.00)

7 for the copy copies, and the copy copies shall either be provided

8 prior to or at the time of closing either by mail to the buyer's

9 last-known address, hand-delivered or electronically delivered.

10  SECTION 12. This act shall become effective November 1, 2025.

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12  60-1-12189      JL  01/15/25

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    Req. No. 12189                                                 Page 6
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