Oklahoma 2025 Regular Session

Oklahoma House Bill HB2264 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2264 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
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31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 60th Legislature (2025)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR
37	34		HOUSE BILL NO. 2264 By: Miller
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43	40		COMMITTEE SUBSTITUTE
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45	42		An Act relating to property; amending 60 O.S. 2021,
46	43		Section 852, which relates to owners associations ;
47	44		providing that a lien filed shall include any
48	45		obligation in connection with membership in the
49	46		owners association by means of a levy or assessment
50	47		which arise after the filing of the lien ; providing
51	48		that an owners association may collect on any amounts
52	49		owed to it by filing an action; providing for
53	50		attorney fees; providing outcome if a lien has been
54	51		filed and the owners association is the prevailing
55	52		party; providing outcome if no lien has been filed
56	53		and the owners association is the prevailing party ;
57	54		providing outcome if owners or members are the
58	55		prevailing party; providing when an owners
59	56		association may foreclose upon a lien or a judgment
60	57		lien; providing when lien or a judgment lien may be
61	58		foreclosed against an owners association; providing
62	59		for recovery of reasonable attorney fees; and
63	60		providing an effective date.
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69	66		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
70	67		SECTION 1. AMENDATORY 60 O.S. 2021, Section 852, is
71	68		amended to read as follows:
	69	+	A. An "owners associatio n" may be formed by the owner or owners
	70	+	of real estate development for the purpose of:
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73		-	HB2264 HFLR Page 2
74		-	BOLD FACE denotes Committee Amendments. 1
	72	+	Req. No. 13141 Page 2 1
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99		-	A. An "owners association" may be formed by the owner or owners
100		-	of real estate development for the purpose of:
101	97		1. providing Providing management, maintenance, preservation
102	98		and control of commonly owned areas or any portion of or interest in
103	99		them, and/or; and
104	100		2. enforcing Enforcing all mutual, common or reciprocal
105	101		interests in or restrictions upon all or portions of such separately
106	102		owned lots, parcels, or areas, or both.
107	103		B. An owners association shall be formed by the execution of an
108	104		instrument signed and acknowledged by all own ers of the real
109	105		property included. Such instrument shall set forth in detail the
110	106		nature of the obligations of the members and shall be filed of
111	107		record in the office of the county clerk of the county wherein the
112	108		real property is located. The instrument sh all include a
113	109		description of said real property.
114	110		C. The owners association shall have the power to enforce any
115	111		obligation in connection with membership in the owners association
116	112		by means of a levy or assessment which may become a lien upon the
117	113		separately or commonly owned lots, parcels or areas of defaulting
118	114		owners or members, which said lien may be foreclosed in any manner
119	115		provided by law for the foreclosure of mortgages or deeds of trust,
120	116		with or without a power of sale. In an action brought to enforce
121	117		any lien authorized pursuant to the provisions of this section, the
122	118		prevailing party shall be entitled to recover reasonable attorney's
	119	+	attorney fees to be fixed by the court, which shall be taxed as
	120	+	costs in the action. The lien filed shall also include any
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124		-	HB2264 HFLR Page 3
125		-	BOLD FACE denotes Committee Amendments. 1
	122	+	Req. No. 13141 Page 3 1
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150		-	attorney fees to be fixed by the court, which shall be taxed as
151		-	costs in the action. The lien filed shall also include any
152	147		obligation in connection with membership in the owners association
153	148		by means of a levy or assessment which arise after the filing of the
154	149		lien and is otherwise unpaid. No lien may be placed or mortgage
155	150		foreclosed unless the homeowner was informed in wri ting upon joining
156	151		the owners association of the existence and content of the owners
157	152		association restrictions and rules, and of the potential for
158	153		financial liability to the individual owner by joining said owners
159	154		association.
160	155		D. The owners association may collect on any amounts owed to it
161	156		by filing an action in the district court where the separately or
162	157		commonly owned lots, parcels or areas of defaulting owners or
163	158		members is located. In an action brought pursuant to this
164	159		subsection, the prevailing party sh all be entitled to recover
165	160		reasonable attorney fees to be fixed by the court, which shall be
166	161		taxed as costs in the action. The filing of an action to collect
167	162		under this subsection does not affect the rights of the owners
168	163		association under subsection E of this section.
169	164		1. If a lien has been filed, and the owners association is the
170	165		prevailing party, any judgment obtained against the defaulting
171	166		owners or members shall supersede the lien and any amounts owed
172	167		pursuant to the judgment, including attorney fees, may be collected
	168	+	on by the owners association in any manner provided by law for the
	169	+	collection of judgments.
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174		-	HB2264 HFLR Page 4
175		-	BOLD FACE denotes Committee Amendments. 1
	171	+	Req. No. 13141 Page 4 1
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200		-	on by the owners association in any manner provided by law for the
201		-	collection of judgments.
202	196		2. If no lien has been filed, and the owners association is the
203	197		prevailing party, any judgment, including attorney fees, obtained
204	198		against the defaulting owners or members may become a judgment lien
205	199		and be collected on by the owners association in any manner provided
206	200		by law for the collection of judgments.
207	201		3. If the owners or members are the prevailing party, any
208	202		amounts owed pursuant to the judgmen t, including attorney fees,
209	203		shall become an obligation of the owners association which shall be
210	204		paid by the owners association, including but not limited to, by
211	205		means of a levy or assessment upon the separately or commonly owned
212	206		lots, parcels or areas of t he owners or members excepting the
213	207		prevailing party owners or members. If the owners association also
214	208		owns any common area property, the owners or members as the
215	209		prevailing party may file a statement of judgment which shall attach
216	210		to those common areas.
217	211		E. 1. After the third anniversary of the filing of a lien
218	212		pursuant to subsection C of this section, or the filing of a
219	213		judgment lien pursuant to paragraphs 1 and 2 of subsection D of this
220	214		section, whichever is earlier, if there are amounts still owed to
221	215		the owners association, the lien or judgment lien may be foreclosed
222	216		in any manner provided by law for the foreclosure of mortgages or
223	217		deeds of trust, with or without a power of sale.
	218	+	2. After the third anniversary of the filing of a judgment lien
	219	+	pursuant to paragraph 3 of subsection D of this section, if there
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225		-	HB2264 HFLR Page 5
226		-	BOLD FACE denotes Committee Amendments. 1
	221	+	Req. No. 13141 Page 5 1
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251		-	2. After the third anniversary of the filing of a judgment lien
252		-	pursuant to paragraph 3 of subsection D of this section, if there
253	246		are amounts still owed by the owners association, the lien or
254	247		judgment lien may be foreclosed in any manner provided by law for
255	248		the foreclosure of mortgages or deeds of trust, with or without a
256	249		power of sale.
257	250		3. In an action brought to enforce any lien authorized pursuant
258	251		to the provisions of this subsection, the prevailing party shall be
259	252		entitled to recover reasonable attorney fees to be fixed by the
260	253		court, which shall be taxed as costs in the actio n.
261	254		SECTION 2. This act shall become effective November 1, 2025.
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263		-	COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/06/2025 - DO PASS,
264		-	As Amended.
	256	+	60-1-13141 GRS 03/04/25
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