This seems to be a popular issue this week. At both the OBA webcast this past Wednesday and at today's luncheon for the Central Oklahoma Association of Legal Assistants, I was asked about when an HOA is created.
A - It is my opinion that an HOA is created when "creation language" is filed of record with the county clerk. For example, the plat to an addition may provide for common areas and contain a plat restriction like, "All common areas shall be maintained by the property owners association. Each person owning a lot shall be a member of the association." While this language would be what I call barebones, I believe it sufficient to put a buyer on notice that there is an association in existence and that owners must be members of the association.
60 OS 852 uses the term "formed" for the association. It requires the association to be "formed" by the filing of a document specifying the obligations of owners to the association in a filed, acknowledged document with the county clerk. A plat or covenants filed with the county clerk containing specific membership and administration language serves this purpose.
Matthew L. Winton, Oklahoma homeowner association lawyer.
