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Homeowners associations can enforce restrictive covenants

Chad Taylor, an attorney with Riggs, Abney, Neal, Turpen, Orbison and Lewis, discusses the legal risks associated with breaking the restrictive covenants of homeowners associations.
Oklahoman Modified: August 16, 2013 at 10:00 pm •  Published: August 15, 2013
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Q&A with Chad Taylor

Homeowners associations

can enforce their covenants

Q: What is a homeowners association?

A: A homeowners association (HOA) consists of homes in a certain neighborhood area, and its members form a group interested in improving or maintaining the quality of the neighborhood. Condominiums also have associations that maintain the common features of the development and other amenities. Residential developers, especially in Oklahoma County, have formed HOAs to preserve the quality of their development and market a stronger sense of community. Your participation and duties to your neighborhood are controlled by bylaws, restrictive covenants and certain Oklahoma statutes.

Q: Why do HOAs have dues, and can they be required?

A: Dues cover a variety of neighborhood expenses including the upkeep of neighborhood pools or parks, landscaping, security, holiday lighting and community social activities. If a homeowner is not paying dues, the restrictive covenants may allow neighbors on the HOA board to file a lien on the delinquent homeowner's property. Depending on the nature and type of the restrictive covenants, other methods of collecting dues — such as levying fines or suspending privileges — may be available.

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by Paula Burkes
Reporter
A 1981 journalism graduate of Oklahoma State University, Paula Burkes has more than 30 years experience writing and editing award-winning material for newspapers and healthcare, educational and telecommunications institutions in Tulsa, Oklahoma...
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