During the recent OBA webcast on Oklahoma homeowner association law, I was asked the following question:
Q - Please explain more about how covenants are treated as contracts.
A - Courts have for a while determined that real property covenants are not void for public policy, do not violate the Constitution, and will generally be upheld as being supported by consideration. For a discussion of this, see, Lyons v. Wallen, 1942 OK 415 (HOWEVER - two points about the Lyons case and its similar strain of race cases: 1) the mere existence of real property covenants limiting ownership based on race is thoroughly and utterly repugnant to me, and 2) thankfully, these cases have each been overruled by Shelley v. Kraemer). While the subject matter of race restrictions is a dead issue, the language in Lyons regarding the interpretation of real property covenants as contracts is alive and well. Parrish v. Flinn, 1996 OK CIV APP 104, para. 13.
Matthew L. Winton, Oklahoma homeowner association lawyer
