Can a developer maintain control of covenants, with no provisions for a homeowners assoc. and collect dues in Oklahoma?

Golf course development in OK with covenants for home owners. Covenants do not provide for a home owner association. The covenants require membership to golf course, even though golf course/developer has allowed sections to have option on membership, and only pay home owner dues. Owner/developer just increased dues 86%, even though covenants only allow a 10% increase annually. He advised he increased the assessments over the last 8 years, but did not notify anyone or bill the increase. Owner/developer using dues to maintain golf course,which ideveloper owns.

Asked on May 15, 2009 under Real Estate Law, Oklahoma

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The 86% dues increase should be difficult to defend, I would think.  A good real estate attorney should have little trouble dealing with the 8 years' worth of "increases" that were never billed or noticed.  That's hogwash, unless there's some unusual language in the covenants.  One place you can start looking for a qualified lawyer would be our website, http://attorneypages.com

As far as the rest of it goes, whether a homeowners association is required would depend on how the development was set up.  You should take your paperwork to an attorney for review and an opinion on this.


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