Skip to content
ClosingCodeClosingCode
ENES

Oklahoma · 60 O.S. §§851–857Oklahoma HOAs: the covenants copy at closing and the assessment lien

Oklahoma's Real Estate Development Act covers developments of separately owned lots with commonly owned areas or mutual restrictions, enjoyed through an owners association or otherwise (60 O.S. §851). The title company closing a sale of property in such a development must give the buyer a copy or certified copy of all the development's recorded covenants and restrictions as part of the closing, before or at closing, by mail, hand delivery or electronically, and may charge the buyer no more than $25 for it (§857). An owners association is formed by a recorded instrument signed by all owners that details the members' obligations, and it may enforce those obligations by an assessment that can become a lien on a defaulting owner's lot, foreclosed like a mortgage or deed of trust, with reasonable attorney fees to the prevailing party – but no lien may be placed or foreclosed unless the owner was told in writing on joining of the association's restrictions and rules and the potential financial liability (§852). Membership consists of the recorded lot owners and passes with legal title (§854). Any owner may sue another owner to enforce the covenants, with attorney fees to the prevailing party (§856).

The rules

  1. 1. Covenants copy (§857)

    Title company gives the buyer the recorded covenants before or at closing; $25 maximum.

  2. 2. Lien (§852(C))

    Assessments can become a lien foreclosed like a mortgage; attorney fees to the winner.

  3. 3. Written notice (§852(C))

    No lien without written notice on joining of the rules and financial liability.

  4. 4. Membership (§854)

    Recorded lot owners; passes with legal title.

What the TC can do

  • Ask the title company to send the buyer the recorded covenants and restrictions before closing, and note the fee.
  • Ask the association or the seller for the dues status and any unpaid assessment so it is paid at closing.
  • Send the buyer's agent any covenant on rentals, fences or uses the buyer cares about.

Questions about Oklahoma HOAs

Who gives an Oklahoma buyer the HOA covenants?

The title company closing the sale must provide a copy or certified copy of all recorded covenants and restrictions of the development before or at closing, charging no more than $25 (60 O.S. §857).

Can an Oklahoma HOA foreclose for unpaid dues?

An owners association may enforce members' obligations by an assessment that can become a lien foreclosed like a mortgage or deed of trust, but only if the owner was informed in writing on joining of the restrictions, rules and potential financial liability (60 O.S. §852(C)).

Related guides

Add the covenants copy and the HOA dues check as closing tasks in ClosingCode.

Start free trial

Source: 60 O.S. §§851, 852, 854, 856 and 857 (Title 60 at oklegislature.gov, read October 29, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.