Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1617 Compare Versions

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Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1617 By: Thompson (Kristen) and
7	37		Young of the Senate
8	38
9	39		and
10	40
11		-	Pfeiffer, Munson, and Deck
12		-	of the House
	41	+	Pfeiffer of the House
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16	45		An Act relating to municipal land; amending 11 O.S.
17	46		2021, Section 42-106.1, which relates to restrictive
18	47		covenants on property ; providing process for
19	48		amendment of discriminatory restrictive covenant s;
20	49		declaring certain discriminatory restrictive
21	50		covenants null and void; and providing an effec tive
22	51		date.
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26		-	~~SUBJECT: Restrictive covenants on property~~
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28	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29		-
30	58		SECTION 1. AMENDATORY 11 O.S. 2021, Section 42 -106.1, is
31	59		amended to read as follows:
32		-
33	60		Section 42-106.1. A. Any restrictive covenant on property
34	61		contained in a residential addition may be amended if:
35		-
36	62		1. The restrictive covenant has been in existence for at least
37	63		ten (10) years and the amendment is approved by the owners of at
38	64		least seventy percent (70%) of the parcels contained in the addition
39	65		or the amount specified in the restrictive covenant, whichever is
40	66		less; or
41	67
	68	+	SB1617 HFLR Page 2
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42	94		2. The restrictive covenant has been in existen ce for at least
43	95		fifteen (15) years and the amendment is approved by the owne rs of at
44	96		least sixty percent (60%) of the parcels contained in the addition
45	97		or the amount specified in the restric tive covenant, whichever is
46	98		less.
47		-
48		-	ENR. S. B. NO. 1617 Page 2
49		-
50	99		B. Where a preliminary plat has been filed for a residential
51	100		addition, the requirements of paragraphs 1 and 2 of subsection A of
52	101		this section shall inc lude all the parcels contain ed in the
53	102		preliminary plat.
54		-
55	103		C. In the absence of a provision providing for the amendment of
56	104		the restrictive covenants of a residential addition the requirements
57	105		of paragraphs 1 and 2 of subsection A of this section shall apply.
58	106		A thirty-day notice of any me eting called to amend the restrictive
59	107		covenants shall be provided to the owners of every parcel contained
60	108		in the addition. Each parcel shall be entitled to one vote.
61		-
62	109		D. The recorded restrictive covenants on property contain ed in
63	110		a residential addition may be amended by the addition of a new
64	111		covenant creating a neighborhood association for the addition that
65	112		would require the mandatory participation of the successors -in-
66	113		interest of all record owners of parcels within the addition at the
67	114		time the amendment i s recorded. The amendment must be appr oved by
68	115		the record owners of at least sixty percent (60%) of the p arcels
69	116		contained in the addition and shall be subject to the following:
70	117
	118	+	SB1617 HFLR Page 3
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71	144		1. The amendment shall provide that participati on in the
72	145		neighborhood association created by the amendment shall not be
73	146		mandatory for persons who are record owners of parcels within t he
74	147		residential addition at the time the amendment is filed of record,
75	148		but such participation shall be mandatory for all successors -in-
76	149		interest of the record owners;
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78	150		2. The amendment must pr ovide that the concurring vote of not
79	151		less than sixty percent (60% ) of the record owners of parcels
80	152		contained in the addition shall be necessary for the establishment
81	153		or change of dues for the neighborhood associat ion; and
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83	154		3. Following approval, the amendment shall be filed of record
84	155		in the office of the county clerk of the county wherein the
85	156		residential addition is located against all parcels within the
86	157		addition. The term amendment may apply to an existing covenant or
87	158		to a new subject not addressed in ex isting covenants.
88		-
89	159		A thirty-day written notice of any meeting calle d to approve any
90	160		such amendment shall be provided to the owners of every parcel
91		-
92		-	ENR. S. B. NO. 1617 Page 3
93	161		contained in the residential addition. The notice of such meeting
94	162		shall be published in a newspaper in the county at least fourteen
95	163		(14) days before the meeting. The notice s hall also be given by
96	164		publication in the neighborhood newsletter. Each parc el within the
97	165		addition shall be entitled to one vote. Any amendment approv ed and
98	166		recorded pursuant to this subsec tion may thereafter be revoked by
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99	194		approval of sixty percent (60%) of the record owners of parcels
100	195		within the addition.
101		-
102	196		E. A municipality may amend an existing plat which was
103	197		previously filed with the office of the county clerk of the county
104	198		where the addition is located to remove an illegal discriminatory
105	199		restrictive covenant pursuant to the F air Housing Act, 42 U.S.C.,
106	200		Section 3601 et seq. The amendment shall be filed on record in the
107	201		office of the county clerk of t he county where the addition is
108	202		located against all parcels within the addition after:
109		-
110	203		1. The municipality provides thirty (30) days’ written notice
111	204		to all property owners of all parcels within the addition of the
112	205		proposed amendment to remove an illegal d iscriminatory restrictive
113	206		covenant, the notice in cluding the time, date, and place of the
114	207		planning commission meeting where the amendment will be considered;
115	208		and
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117	209		2. The governing body of the municipality approves the amended
118	210		plat.
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120	211		Nothing in this subsection shall be construed as requiring the
121	212		approval of the amended plat by the property owners of all parcels
122	213		within the addition.
123		-
124	214		F. An illegal discriminatory restrictive covenant contained on
125	215		a plat is not enforceable in this state, and all illegal
126	216		discriminatory restrictive covenants contain ed in plats recorded in
127	217		this state are unlawful, unenforceable, and declared null and void.
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128	245		Any illegal discriminatory restrictive covenant contai ned in an
129	246		existing plat is extinguished and severed from the plat, with the
130	247		remainder of such plat remaining enfor ceable and effective.
131		-
132	248		SECTION 2. This act shall become effective November 1, 2024.
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135		-	ENR. S. B. NO. 1617 Page 4
136		-	Passed the Senate the 26th day of February, 2024.
137		-
138		-
139		-
140		-	Presiding Officer of the Senate
141		-
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143		-	Passed the House of Representatives the 15th day of April, 2024.
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147		-	Presiding Officer of the House
148		-	of Representatives
149		-
150		-	OFFICE OF THE GOVERNOR
151		-	Received by the Office of the Governor this _______ _____________
152		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
153		-	By: __________________________ _______
154		-	Approved by the Governor of the State of Oklahoma this _______ __
155		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
156		-
157		-	_________________________________
158		-	Governor of the State of Oklahoma
159		-
160		-
161		-	OFFICE OF THE SECRETARY OF STATE
162		-	Received by the Office of the Secretary of State this _______ ___
163		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
164		-	By: _________________________________
	250	+	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
	251	+	dated 04/01/2024 - DO PASS.