Okla. Stat. tit. 11, § 11-42-106.1

This is the official text of Okla. Stat. tit. 11, § 11-42-106.1, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.

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Amendment of restrictive covenant on property in

Official statutory text

residential addition — Creation of neighborhood association —

Discriminatory restrictive covenants.

A. Any restrictive covenant on property contained in a

residential addition may be amended if:

Oklahoma Statutes - Title 11. Cities and Towns Page 464

1. The restrictive covenant has been in existence for at least

ten (10) years and the amendment is approved by the owners of at

least seventy percent (70%) of the parcels contained in the addition

or the amount specified in the restrictive covenant, whichever is

less; or

2. The restrictive covenant has been in existence for at least

fifteen (15) years and the amendment is approved by the owners of at

least sixty percent (60%) of the parcels contained in the addition

or the amount specified in the restrictive covenant, whichever is

less.

B. Where a preliminary plat has been filed for a residential

addition, the requirements of paragraphs 1 and 2 of subsection A of

this section shall include all the parcels contained in the

preliminary plat.

C. In the absence of a provision providing for the amendment of

the restrictive covenants of a residential addition the requirements

of paragraphs 1 and 2 of subsection A of this section shall apply.

A thirty-day notice of any meeting called to amend the restrictive

covenants shall be provided to the owners of every parcel contained

in the addition. Each parcel shall be entitled to one vote.

D. The recorded restrictive covenants on property contained in

a residential addition may be amended by the addition of a new

covenant creating a neighborhood association for the addition that

would require the mandatory participation of the successors-in-

interest of all record owners of parcels within the addition at the

time the amendment is recorded. The amendment must be approved by

the record owners of at least sixty percent (60%) of the parcels

contained in the addition and shall be subject to the following:

1. The amendment shall provide that participation in the

neighborhood association created by the amendment shall not be

mandatory for persons who are record owners of parcels within the

residential addition at the time the amendment is filed of record,

but such participation shall be mandatory for all successors-in-

interest of the record owners;

2. The amendment must provide that the concurring vote of not

less than sixty percent (60%) of the record owners of parcels

contained in the addition shall be necessary for the establishment

or change of dues for the neighborhood association; and

3. Following approval, the amendment shall be filed of record

in the office of the county clerk of the county wherein the

residential addition is located against all parcels within the

addition. The term amendment may apply to an existing covenant or

to a new subject not addressed in existing covenants.

A thirty-day written notice of any meeting called to approve any

such amendment shall be provided to the owners of every parcel

contained in the residential addition. The notice of such meeting

shall be published in a newspaper in the county at least fourteen

Oklahoma Statutes - Title 11. Cities and Towns Page 465
an existing covenant or

to a new subject not addressed in existing covenants.

A thirty-day written notice of any meeting called to approve any

such amendment shall be provided to the owners of every parcel

contained in the residential addition. The notice of such meeting

shall be published in a newspaper in the county at least fourteen

Oklahoma Statutes - Title 11. Cities and Towns Page 465

(14) days before the meeting. The notice shall also be given by

publication in the neighborhood newsletter. Each parcel within the

addition shall be entitled to one vote. Any amendment approved and

recorded pursuant to this subsection may thereafter be revoked by

approval of sixty percent (60%) of the record owners of parcels

within the addition.

E. A municipality may amend an existing plat which was

previously filed with the office of the county clerk of the county

where the addition is located to remove an illegal discriminatory

restrictive covenant pursuant to the Fair Housing Act, 42 U.S.C.,

Section 3601 et seq. The amendment shall be filed on record in the

office of the county clerk of the county where the addition is

located against all parcels within the addition after:

1. The municipality provides thirty (30) days’ written notice

to all property owners of all parcels within the addition of the

proposed amendment to remove an illegal discriminatory restrictive

covenant, the notice including the time, date, and place of the

planning commission meeting where the amendment will be considered;

and

2. The governing body of the municipality approves the amended

plat.

Nothing in this subsection shall be construed as requiring the

approval of the amended plat by the property owners of all parcels

within the addition.

F. An illegal discriminatory restrictive covenant contained on

a plat is not enforceable in this state, and all illegal

discriminatory restrictive covenants contained in plats recorded in

this state are unlawful, unenforceable, and declared null and void.

Any illegal discriminatory restrictive covenant contained in an

existing plat is extinguished and severed from the plat, with the

remainder of such plat remaining enforceable and effective.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.