Okla. Stat. tit. 16, § 16-404
This is the official text of Okla. Stat. tit. 16, § 16-404, part of Oklahoma’s Stat. tit. 16, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 16,." Browse the sections below, each linked to its official government source.
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Removal of unlawful restriction by owners association
Official statutory text
A. The governing body of an owners association identified in a
governing instrument may, without a vote of the members of the
association, amend the governing instrument to remove an unlawful
restriction.
B. A member of an owners association may request, in a record
that sufficiently identifies an unlawful restriction in the
governing instrument, that the governing body exercise its authority
under subsection A of this section. Not later than ninety (90) days
after the governing body receives the request, the governing body
Oklahoma Statutes - Title 16. Conveyances Page 45
shall determine reasonably and in good faith whether the governing
instrument includes the unlawful restriction. If the governing body
determines the governing instrument includes the unlawful
restriction, the governing body, not later than ninety (90) days
after the determination, shall amend the governing instrument to
remove the unlawful restriction.
C. Notwithstanding any provision of the governing instrument or
other laws of this state, the governing body may execute an
amendment under this section.
D. An amendment under this section is effective notwithstanding
any provision of the governing instrument or other law of this state
that requires a vote of the members of the owners association to
amend the governing instrument.
governing instrument may, without a vote of the members of the
association, amend the governing instrument to remove an unlawful
restriction.
B. A member of an owners association may request, in a record
that sufficiently identifies an unlawful restriction in the
governing instrument, that the governing body exercise its authority
under subsection A of this section. Not later than ninety (90) days
after the governing body receives the request, the governing body
Oklahoma Statutes - Title 16. Conveyances Page 45
shall determine reasonably and in good faith whether the governing
instrument includes the unlawful restriction. If the governing body
determines the governing instrument includes the unlawful
restriction, the governing body, not later than ninety (90) days
after the determination, shall amend the governing instrument to
remove the unlawful restriction.
C. Notwithstanding any provision of the governing instrument or
other laws of this state, the governing body may execute an
amendment under this section.
D. An amendment under this section is effective notwithstanding
any provision of the governing instrument or other law of this state
that requires a vote of the members of the owners association to
amend the governing instrument.
Status: in_force · Read it on the official government site
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