During the recent OBA webcast on Oklahoma homeowner association law, I was asked the following question:
Q - If the governing documents do not offer a definition of a particular term, such as "outbuilding," where would one go to find such a definition?
A - It may be that the context of the word used in the governing document suffices to remove any ambiguity in the intent of the drafter. Of course, governing documents should not only define key terms, but also use such definitions consistently throughout the patchwork of governing documents.
Courts will often look to Black's Law Dictionary or Webster's Dictionary for the plain meaning of words. If these efforts fail, it may be that there exists an ambiguity in the governing document, which must be resolved by resort to determining the drafter's intent, which may be satisfied by testimony or an affidavit from the developer or the drafting attorney.
Matthew L. Winton, Oklahoma
