Oklahoma Real Estate Development Act
The Real Estate Development Act (REDA) is Oklahoma's core homeowners'-association statute — it governs how residential owners' associations are formed, funded, and enforced. The full statutory text, hosted for reference, with a plain-language guide for homeowners.
The Real Estate Development Act (REDA) is Oklahoma's core homeowners'-association statute. It is deliberately short — just eight sections — and it sets the ground rules for how a residential owners' association is formed, what powers it has, and how its assessments and covenants are enforced. Because REDA is light-touch, much of a community's day-to-day governance still comes from its own recorded declaration (CC&Rs), bylaws, and articles of incorporation.
REDA applies to a “real estate development” — separately owned lots that share common areas or mutual restrictions (§ 60-851) — and, importantly, its powers reach only owners' associations created after the Act's effective date of June 5, 1975 (§ 60-855). Older communities are governed by their recorded documents and common-law principles instead.
How it works
- Forming the association. An owners' association is created by a recorded instrument, signed by all of the owners, that sets out the members' obligations and describes the property (§ 60-852).
- Assessments and liens. The association can levy assessments that become a lien on a defaulting owner's lot, foreclosable in the same manner as a mortgage; the prevailing party in a lien action can recover reasonable attorney's fees (§ 60-852).
- A key consumer protection. No lien may be placed and no foreclosure brought unless the homeowner was informed in writing, upon joining, of the association's restrictions and rules and of the potential for financial liability (§ 60-852).
- Membership & enforcement. Membership consists of the recorded owners and transfers with title; the association — and any individual owner — may sue to enforce the development's covenants and restrictions, again with attorney's fees available (§§ 60-854, 60-856).
- Separate tax treatment. Each lot, together with its share of the common area, is assessed separately for taxes, so one owner's tax delinquency does not burden the others (§ 60-853).
- Buyer disclosure. Title companies must give buyers copies of the association's recorded covenants and restrictions at or before closing, and later buyers are deemed to have notice of them (§ 60-857).
- Flag display. An association cannot prohibit an owner from displaying the flag of the United States (§ 60-858).
How it fits with Oklahoma's other community laws
REDA sits alongside the Unit Ownership Estate Act (Oklahoma's condominium statute) and the Oklahoma General Corporation Act, which supplies the meeting, voting, and records rules for the non-profit corporation most associations are organized as. Housing-discrimination questions are governed by the Oklahoma Fair Housing Law. For the full set, see the Oklahoma HOA Law Guide, or return to the Oklahoma HOA laws hub.
Contents · 8 sections ▾
- § 60-851 Nature of developments.
- § 60-852 Owners association.
- § 60-853 Taxes and special assessments.
- § 60-854 Membership - Covenants and restrictions.
- § 60-855 Application of act.
- § 60-856 Enforcement of restrictions and covenants.
- § 60-857 Copies of recorded covenants and restrictions.
- § 60-858 Displaying the flag of the United States.
The term "real estate development" shall include developments:
1. Which consist or will consist of separately owned lots, parcels or areas with either or both of the following features:
a. One or more additional contiguous or noncontiguous lots, parcels or areas owned in common by the owners of the separately owned lots, parcels or areas.
b. Mutual, common or reciprocal interests in or restrictions upon, all or portions of such separately owned lots, parcels or areas, or both.
2. The estate in a separately or commonly owned lot, parcel or area may be an estate of inheritance, estate in fee, an estate for life, or an estate for years. Either common ownership of the additional contiguous or noncontiguous lots, parcels or areas referred to in subparagraph a. of paragraph 1. above, or the enjoyment of the mutual, common or reciprocal interests in, or restrictions upon the separately owned lots, parcels or areas pursuant to subparagraph b. of paragraph 1. above, or both, may be through ownership of shares of stock or membership in an owners association or otherwise.
Added by Laws 1975, c. 292, § 1, emerg. eff. June 5, 1975.
A. An "owners association" may be formed by the owner or owners of real estate development for the purpose of:
1. providing management, maintenance, preservation and control of commonly owned areas or any portion of or interest in them, and/or
2. enforcing all mutual, common or reciprocal interests in or restrictions upon all or portions of such separately owned lots, parcels, or areas, or both.
B. An owners association shall be formed by the execution of an instrument signed and acknowledged by all owners of the real property included. Such instrument shall set forth in detail the nature of the obligations of the members and shall be filed of record in the office of the county clerk of the county wherein the real property is located. The instrument shall include a description of said real property.
C. The owners association shall have the power to enforce any obligation in connection with membership in the owners association by means of a levy or assessment which may become a lien upon the separately or commonly owned lots, parcels or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale. In an action brought to enforce any lien authorized pursuant to the provisions of this section, the prevailing party shall be entitled to recover reasonable attorney's fees to be fixed by the court, which shall be taxed as costs in the action. No lien may be placed or mortgage foreclosed unless the homeowner was informed in writing upon joining the owners association of the existence and content of the owners association restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association.
Amended by Laws 1986, c. 48, § 1, eff. Nov. 1, 1986.
Each separately owned lot, parcel or area together with its proportionate interest in the common element, shall constitute a separate and distinct unit; for the purpose of assessment of taxes, special assessments, and other charges which may be lawfully assessed against owners of real property, and each holder of such shall be liable solely for the amount of taxes against his individual estate and shall not be affected by the consequences resulting from the tax delinquency of other unit holders.
Added by Laws 1975, c. 292, § 3, emerg. eff. June 5, 1975.
Membership of said owners association shall consist of recorded owners of separately owned lots in the real estate development.
Membership is transferred upon legal transfer of title to the separately owned lots. The owners association may also enforce the covenant and restrictions of the real estate development when specified by the covenants and restrictions.
Laws 1975, c. 292, § 4, emerg. eff. June 5, 1975.
The powers granted the owners association under this act shall apply only to owners associations created subsequent to the effective date of this act.
Added by Laws 1975, c. 292, § 5, emerg. eff. June 5, 1975.
Any person owning property in a real estate development shall be entitled to bring action against any other person owning property in such development to enforce any of the restrictions or covenants of the real estate development which are specified by the covenants or restrictions. In any action to enforce any restriction or covenant pursuant to the provisions of this section, the prevailing party shall be entitled to recover reasonable attorney's fees to be fixed by the court, which shall be taxed as costs in the action.
Added by Laws 1986, c. 48, § 2, eff. Nov. 1, 1986.
A copy or a certified copy of all the recorded covenants and restrictions of a real estate development shall be provided by the title company closing the sale to the buyer of property in the real estate development as a part of the closing of the real estate sale. The buyer may be charged no more than Twenty-five Dollars ($25.00) for the copy, and the copy shall either be provided prior to or at the time of closing either by mail to the buyer's last-known address, hand-delivered or electronically delivered.
Added by Laws 1999, c.384, § 10, eff. Nov. 1, 1999. Amended by Laws 2018, c. 274, § 2, eff. Nov. 1, 2018.
An owners association, condominium association, cooperative association or residential real estate management association shall not adopt or enforce any policy or enter into any agreement that would restrict or prevent a member of the association from displaying the flag of the United States at a reasonable height, not to exceed twenty (20) feet, on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Added by Laws 2017, c. 172, § 2, emerg. eff. May 2, 2017.
General information, not legal advice. Statutory text is reproduced from the official Oklahoma source and may not reflect the most recent amendments.