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ENGROSSED SENATE
BILL NO. 1617 By: Thompson (Kristen) and
Young of the Senate
and
Pfeiffer of the House
An Act relating to municipal land; amending 11 O.S.
2021, Section 42-106.1, which relates to restrictive
covenants on property ; providing process for
amendment of discriminatory restrictive covenant s;
declaring certain discriminatory restrictive
covenants null and void; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 42 -106.1, is
amended to read as follows:
Section 42-106.1. A. Any restrictive covenant on property
contained in a residential addition may be amended if:
1. The restrictive covenant has been in existence for at least
ten (10) years and the amendment is approved by the owners of at
least seventy percent (70%) of the parcels contained in the addition
or the amount specified in the restrictive covenant, whichever is
less; or
2. The restrictive covenant has been in existen ce for at least
fifteen (15) years and the amendment is approved by the owne rs of at
least sixty percent (60%) of the parcels contained in the addition
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or the amount specified in the restric tive covenant, whichever is
less.
B. Where a preliminary plat has been filed for a residential
addition, the requirements of paragraphs 1 and 2 of subsection A of
this section shall inc lude all the parcels contain ed in the
preliminary plat.
C. In the absence of a provision providing for the amendment of
the restrictive covenants of a residential addition the requirements
of paragraphs 1 and 2 of subsection A of this section shall apply.
A thirty-day notice of any meeting called to amend the restrictive
covenants shall be provided to the owners of every parcel contained
in the addition. Each parcel shall be entitled to one vote.
D. The recorded restrictive covenants on property contain ed in
a residential addition may be amended by the addition of a new
covenant creating a neighborhood association for the addition that
would require the mandatory participation of the successors -in-
interest of all record owners of parcels within the addition at the
time the amendment is recorded. The amendment must be appr oved by
the record owners of at least sixty percent (60%) of the p arcels
contained in the addition and shall be subject to the following:
1. The amendment shall provide that participati on in the
neighborhood association created by the amendment shall not be
mandatory for persons who are record owners of parcels within t he
residential addition at the time the amendment is filed of record,
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but such participation shall be mandatory for all successors -in-
interest of the record owners;
2. The amendment must pr ovide that the concurring vote of not
less than sixty percent (60% ) of the record owners of parcels
contained in the addition shall be necessary for the establishment
or change of dues for the neighborhood associat ion; and
3. Following approval, the amendment shall be filed of record
in the office of the county clerk of the county wherein the
residential addition is located against all parcels within the
addition. The term amendment may apply to an existing covenant or
to a new subject not addressed in ex isting covenants.
A thirty-day written notice of any meeting calle d to approve any
such amendment shall be provided to the owners of every parcel
contained in the residential addition. The notice of such meeting
shall be published in a newspaper in the county at least fourteen
(14) days before the meeting. The notice s hall also be given by
publication in the neighborhood newsletter. Each parc el within the
addition shall be entitled to one vote. Any amendment approved and
recorded pursuant to this subsec tion may thereafter be revoked by
approval of sixty percent (60%) of the record owners of parcels
within the addition.
E. A municipality may amend an existing plat which was
previously filed with the office of the county clerk of the county
where the addition is located to remove an illegal discriminatory
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restrictive covenant pursuant to the F air Housing Act, 42 U.S.C.,
Section 3601 et seq. The amendment shall be filed on record in the
office of the county clerk of the county where the addition is
located against all parcels within the addition after:
1. The municipality provides thirty (30) days’ written notice
to all property owners of all parcels within the addition of the
proposed amendment to remove an illegal discriminat ory restrictive
covenant, the notice in cluding the time, date, and place of the
planning commission meeting where the amendment will be considered;
and
2. The governing body of the municipality approves the amended
plat.
Nothing in this subsection shall be construed as requiring the
approval of the amended plat by the property owners of all parcels
within the addition.
F. An illegal discriminatory restrictive covenant contained on
a plat is not enforceable in this state, and all illegal
discriminatory restrictive covenants contain ed in plats recorded in
this state are unlawful, unenforceable, and declared null and void.
Any illegal discriminatory restrictive covenant contai ned in an
existing plat is extinguished and severed from the plat, with the
remainder of such plat remaining enfor ceable and effective.
SECTION 2. This act shall become effective November 1, 2024.
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Passed the Senate the 26th day of February, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives