An Act
ENROLLED SENATE
BILL NO. 1617 By: Thompson (Kristen) and
Young of the Senate
and
Pfeiffer, Munson, and Deck
of the House
An Act relating to municipal land; amending 11 O.S.
2021, Section 42-106.1, which relates to restrictive
covenants on propert y; providing process for
amendment of discriminatory restrictive covenants;
declaring certain discriminatory restrictive
covenants null and void; and providing an effective
date.
SUBJECT: Restrictive covenants on property
BE IT ENACTED BY THE PEOPLE O F 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, whichev er is
less; or
2. The restrictive covenant has been in existence for at least
fifteen (15) years and the amendment is approved by the owners of at
least sixty percent (60%) of the parcels contained in the addition
or the amount specified in the restricti ve covenant, whichever is
less.
ENR. S. B. NO. 1617 Page 2
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 include all the parcels contained 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 contained 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 app roved by
the record owners of at least sixty percent (60%) of the parcels
contained in the addition and shall be subject to the following:
1. The amendment shall provide that participation in the
neighborhood association created by the amendment shall no t be
mandatory for persons who are record owners of parcels within the
residential addition at the time the amendment is filed of record,
but such participation shall be mandatory for all successors -in-
interest of the record owners;
2. The amendment must provide 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 association; and
3. Following approval, the a mendment 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 i n existing covenants.
A thirty-day written notice of any meeting called to approve any
such amendment shall be provided to the owners of every parcel
ENR. S. B. NO. 1617 Page 3
contained in the residential addition. The notice of such meeting
shall be published in a newspaper in t he county at least fourteen
(14) days before the meeting. The notice shall also be given by
publication in the neighborhood newsletter. Each parcel within the
addition shall be entitled to one vote. Any amendment approved and
recorded pursuant to this s ubsection 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
restrictive covenant pursuant to the Fair Housing Act, 42 U.S.C.,
Section 3601 et seq. The amendment shall be filed o n 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 discriminatory restrictive
covenant, the notice including 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 requi ring 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 contained in plats recorded in
this state are unlawful, unenforceable, and declared null and void.
Any illegal discriminatory restrictive covenant contained in an
existing plat is extinguished and severed from the plat, with the
remainder of such plat rem aining enforceable and effective.
SECTION 2. This act shall become effective November 1, 2024.
ENR. S. B. NO. 1617 Page 4
Passed the Senate the 26th day of February, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 15th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: __________________________ _______
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________