Oklahoma 2025 Regular Session

Oklahoma House Bill HB2800 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2800 Page 1 1
	3	+	HB2800 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2800 By: Marti of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2800 By: Marti of the House
30	38
31	39		and
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33	41		Seifried of the Senate
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	45	+	COMMITTEE SUBSTITUTE
	46	+
	47	+	An Act relating to prop erty; requiring the retention
	48	+	of certain documents; requiring accessibility to
	49	+	certain documents; providing time frame to provide
	50	+	documents to certain parties; requiring notification
	51	+	to homeowners of adoption of an update of a covenant,
	52	+	condition, or restriction by an owners association;
	53	+	providing for disclosing of certain fees; limiting
	54	+	fee amounts; prohibiting fee for certain document;
	55	+	providing for fees of good standing documents;
	56	+	providing fee for providing certain disclosure
	57	+	documents; prohibiting the restrictive covenants
	58	+	which limit the fair economic use of a property;
	59	+	requiring an owners association to issue to a
	60	+	settlement services provider a statement stating that
	61	+	a homeowner is in good standing; requiring the
	62	+	disclosure by certain parties of the f ee structure
	63	+	surrounding operation of an owners association and
	64	+	any potential charges to homeowner; requiring the
	65	+	disclosure by certain parties of the fines for
	66	+	violations of the owners association's covenants,
	67	+	conditions, and restrictions; limiting how ma ny times
	68	+	a fine structure may be updated; requiring certain
	69	+	notification of certain meeting; amending 60 O.S.
	70	+	2021, Section 857, which relates to copies of
	71	+	recorded covenants and restrictions; modifying
	72	+	terminology; providing for codification; and
	73	+	providing an effective date.
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40		-	[ property - retention of documents - accessibility -
41		-	notification to homeowners - update – covenant –
42		-	condition - restriction - owners association -
43		-	disclosure of certain fees - fee amounts - good
44		-	standing documents - disclosure documents -
45		-	restrictive covenants - fair economic use of a
46		-	property - settlement services provider - statement
47		-	– fee structure - violations - notification –
48		-	meeting - recorded covenants an d restrictions –
49		-	codification -
50		-	emergency ]
51		-
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54		-
55		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56		-	SECTION 1. NEW LAW A new section of law to be codified
57		-	in the Oklahoma Statutes as Section 857.1 of Title 60, unless there
58		-	is created a duplication in numbering, reads as follows:
59		-
60		-	ENGR. H. B. NO. 2800 Page 2 1
	77	+	HB2800 HFLR Page 2
	78	+	BOLD FACE denotes Committee Amendments. 1
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	103	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	104	+	SECTION 1. NEW LAW A new section of law to be codified
	105	+	in the Oklahoma Statutes as Section 857.1 of Title 60, unless there
	106	+	is created a duplication in numb ering, reads as follows:
85	107		Copies or certified copies of all the recorded covenants,
86	108		conditions, and restrictions of a real estate development, including
87	109		any recorded amendments and addendums to the documents, shall be
88	110		retained by the managing entity of a re al estate development and
89	111		shall be accessible electronically within a reasonable amount of
90		-	time, not to exceed ~~three~~ (3) ~~business days~~ beyond receipt of
	112	+	time, not to exceed seventy -two (72) hours beyond receipt of
91	113		request, to all parties to a home transaction or a property owner
92	114		whose property falls within such devel opment.
93	115		SECTION 2. NEW LAW A new section of law to be codified
94	116		in the Oklahoma Statutes as Section 857.2 of Title 60, unless there
95	117		is created a duplication in numbering, reads as follows:
96		-	Notification ~~sent via email or by postal mail~~ to all homeowners
97		-	~~within an owners association's~~ jurisdiction shall be required of an
98		-	~~owners association within five~~ (5) business days upon adoption of an
99		-	~~update of covenants,~~ conditions, and restrictions.
	118	+	Notification to all homeowners within an own ers association's
	119	+	jurisdiction shall be required of an owners association within five
	120	+	(5) business days upon adoption of an update of covenants,
	121	+	conditions, and restrictions.
100	122		SECTION 3. NEW LAW A new section of law to be codified
101	123		in the Oklahoma Statutes as Section 857.3 of Title 60, unless there
102	124		is created a duplication in numbering, reads as follows:
103	125		All entities tasked with managing an owners association shall
104	126		disclose individual fees assessed by an owners association or a
105		-	third-party management company and the limit on each individual fee
106		-	shall be no more than One Hundred Seventy -five Dollars ($175.00).
107		-	Fees shall not include any fines, assessments , or services.
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109		-	ENGR. H. B. NO. 2800 Page 3 1
	128	+	HB2800 HFLR Page 3
	129	+	BOLD FACE denotes Committee Amendments. 1
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	154	+	third-party management company and the limit on each individual fee
	155	+	shall be no more than One Hundred Seventy -five Dollars ($175.00).
	156	+	Fees shall not include any fines, assessments or services.
134	157		Upon request of documents reporting the condition of a property
135	158		for sale, a homeowner shall not be charged a fee for a report on
136	159		said property.
137	160		SECTION 4. NEW LAW A new section of law to be codified
138	161		in the Oklahoma Statutes as Section 857.4 of Title 60, unless there
139	162		is created a duplication in number ing, reads as follows:
	163	+	An owners association shall not pass restrictive covenants which
	164	+	limit the fair economic use of a property, including the right to
	165	+	rent a property either long -term or short-term or as the office of
	166	+	an in-home business.
	167	+	SECTION 5. NEW LAW A new section of law to be codified
	168	+	in the Oklahoma Statutes as Section 857.5 of Title 60, unless there
	169	+	is created a duplication in numbering, reads as follows:
140	170		An owners association shall keep records with regard to the
141	171		financial condition of the owners association, including audits, and
142	172		records with regard to dues and any outstanding assessments or
143	173		fines, to be updated at least quarterly. Upon written request by
144		-	the owner or owner's authorized agent, an owners association shall
145		-	issue a statement to the requesting party detailing a homeowner's
146		-	standing with regard to dues and any outstanding assessments or
147		-	fines. Said statement shall be provided to the requesting owner or
148		-	owner's authorized agent within five (5) business days of request
149		-	and shall not be accompanied by charges in excess of Fifty Dollars
150		-	($50.00) for each completed request.
151		-	SECTION 5. NEW LAW A new section of law to be codified
152		-	in the Oklahoma Statutes as Section 857. 5 of Title 60, unless there
153		-	is created a duplication in numbering, reads as follows:
154		-	Owner associations or managing entities of owners associations
155		-	shall delineate in documents for the association the fee structure
156		-	surrounding operation of the owners association and any potential
157		-	charges to homeowners arising therefrom.
	174	+	the owner or owners' authorized agent, an owners association sha ll
	175	+	issue a statement to the requesting party ensuring that a homeowner
	176	+	is in good standing with regard to dues and any outstanding
	177	+	assessments or fines. Said statement shall be provided to the
158	178
159		-	ENGR. H. B. NO. 2800 Page 4 1
	179	+	HB2800 HFLR Page 4
	180	+	BOLD FACE denotes Committee Amendments. 1
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	205	+	requesting owner or owners' authorized agent within seven (7) days
	206	+	of request and shall not be accompanied by charges in excess of
	207	+	Fifty Dollars ($50.00) for each completed request.
184	208		SECTION 6. NEW LAW A new section of law to be codified
185	209		in the Oklahoma Statutes as Section 857.6 of Title 60, un less there
	210	+	is created a duplication in numbering, reads as follows:
	211	+	Owner associations or managing entities of owners associations
	212	+	shall delineate in documents for the association the fee structure
	213	+	surrounding operation of the owners association and any po tential
	214	+	charges to homeowners arising therefrom.
	215	+	SECTION 7. NEW LAW A new section of law to be codified
	216	+	in the Oklahoma Statutes as Section 857.7 of Title 60, unless there
186	217		is created a duplication in numbering, reads as follows:
187	218		Owners associations or managing entities of homeowners
188	219		associations shall delineate in documents for the association the
189	220		schedule of fines for violations of the owners association's
190	221		covenants, conditions, and restrictions. Updates to fine structures
191	222		shall not occur more than once per calendar year at an annual owners
192	223		association meeting. Owners shall be notified of such meetings
193	224		under requirements set forth under Title 18 of the Oklahoma
194	225		Statutes.
195		-	SECTION 7. AMENDATORY 60 O.S. 2021, Section 857, is
	226	+	SECTION 8. AMENDATORY 60 O.S. 2021, Section 857, is
196	227		amended to read as follows:
197		-	Section 857. A copy Copies or a certified copy copies of all
198		-	the recorded covenants and restrictions of a real estate
199		-	development, including any recorded amendments and addendums to
200		-	these documents, that are referenced in the commitment for title
201		-	insurance shall be provided by the title company settlement services
202		-	provider closing the sale to the buyer of property in the real
203		-	estate development as a part of the closing of the real estate sale.
204		-	The buyer may be charged no more than Twenty -five Dollars ($25.00)
205		-	for the copy, and the copy copies. In the event that certif ied
206		-	copies are requested, a settlement services provider may also charge
207		-	the cost incurred for obtaining said copies from the county clerk.
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209		-	ENGR. H. B. NO. 2800 Page 5 1
	229	+	HB2800 HFLR Page 5
	230	+	BOLD FACE denotes Committee Amendments. 1
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	255	+	Section 857. A copy Copies or a certified copy copies of all
	256	+	the recorded covenants and restrictions of a real estate
	257	+	development, including any recorded amendments and addendums to
	258	+	these documents, that are re ferenced in the commitment for title
	259	+	insurance shall be provided by the title company settlement services
	260	+	provider closing the sale to the buyer of property in the real
	261	+	estate development as a part of the closing of the real estate sale.
	262	+	The buyer may be charged no more than Twenty -five Dollars ($25.00)
	263	+	for the copy, and the copy copies. In the event that certified
	264	+	copies are requested, a settlement services provider may also charge
	265	+	the cost incurred for obtaining said copies from the county clerk.
234	266		The copies shall either be provided prior to or at the time of
235	267		closing either by mail to the buyer's last -known address, hand-
236	268		delivered or electronically delivered.
237		-	SECTION 8. It being immediately necessary for the preservation
238		-	of the public peace, health or safety, an emergency is hereby
239		-	declared to exist, by reason whereof this act shall take effect and
240		-	be in full force from and after its passage and approval.
241		-	Passed the House of Representatives the 27th day of March, 2025.
	269	+	SECTION 9. This act shall become effective November 1, 2025.
	270	+
	271	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
	272	+	OVERSIGHT, dated 03/06/2025 - DO PASS, As Amended.
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244		-
245		-
246		-	Presiding Officer of the House
247		-	of Representatives
248		-
249		-
250		-
251		-	Passed the Senate the _____ day of __________ , 2025.
252		-
253		-
254		-
255		-
256		-	Presiding Officer of the Senate