hickory creek hoa covenants owasso oklahoma

#Hickory creek hoa covenants owasso oklahoma professional#

Such process was probably created because 1) practically speaking, getting 100% agreement from all members of a diverse group of landowners is difficult, if not impossible, and 2) public policy probably favors keeping operational restrictions “up to date.” Under this new statute, such an opportunity for amendment is granted – even if initial restrictions are silent on allowing such amendment – once the initial restrictions have been of record for a substantial period of time ( i.e., 10 or 15 years). 42-106.1 was enacted to permit the amendment of restrictions with less than a 100% vote.

The terms “lots” and “parcels” are used interchangeably in this article. Restrictions can be amended if permitted by the express terms of the restrictions however, in the absence of such provisions, case law has held that it takes a 100% vote of all the current landowners to amend such restrictions. Such a restriction “forbids or requires certain uses of the real property which it covers” and “confers vested rights in those owners who desire to own property where the subject uses are either required or forbidden.” “Restrictive covenants are contractual in nature, and contracts generally may not be amended absent the consent of all parties.” A restriction creates a property interest that runs with the land, which is not a legal easement but is a creature of equity in the nature of an easement, and (because it “runs with the land”) it is binding on all initial parties to the contract and also all future owners. Such restrictions are initially imposed by the landowner of the real property (usually the developer) through either 1) inclusion in a freestanding dedication deed, 2) incorporation as part of the official subdivision (or addition) plat or 3) after 1975, as part of a real estate development.

#Hickory creek hoa covenants owasso oklahoma professional#

Kirk Fisher | #457012537 | Īs any title professional is aware, residential subdivisions are typically encumbered by restrictive covenants (restrictions).