1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1617 By: Thompson (Kristen)
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6 AS INTRODUCED
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7 An Act relating to municipal land; amending 11 O.S.
7 2021, Section 42-106.1, which relates to restrictive
8 covenants on property; providing process for
8 amendment of discriminatory restrictive covenants;
9 declaring certain discriminatory restrictive
9 covenants null and void; and providing an effective
10 date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 11 O.S. 2021, Section 42-106.1, is
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16 amended to read as follows:
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17 Section 42-106.1. A. Any restrictive covenant on property
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18 contained in a residential addition may be amended if:
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19 1. The restrictive covenant has been in existence for at least
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20 ten (10) years and the amendment is approved by the owners of at
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21 least seventy percent (70%) of the parcels contained in the addition
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22 or the amount specified in the restrictive covenant, whichever is
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23 less; or
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 1 2. The restrictive covenant has been in existence for at least
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2 fifteen (15) years and the amendment is approved by the owners of at
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3 least sixty percent (60%) of the parcels contained in the addition
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4 or the amount specified in the restrictive covenant, whichever is
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5 less.
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6 B. Where a preliminary plat has been filed for a residential
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7 addition, the requirements of paragraphs 1 and 2 of subsection A of
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8 this section shall include all the parcels contained in the
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9 preliminary plat.
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10 C. In the absence of a provision providing for the amendment of
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11 the restrictive covenants of a residential addition the requirements
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12 of paragraphs 1 and 2 of subsection A of this section shall apply.
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13 A thirty-day notice of any meeting called to amend the restrictive
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14 covenants shall be provided to the owners of every parcel contained
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15 in the addition. Each parcel shall be entitled to one vote.
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16 D. The recorded restrictive covenants on property contained in
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17 a residential addition may be amended by the addition of a new
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18 covenant creating a neighborhood association for the addition that
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19 would require the mandatory participation of the successors-in-
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20 interest of all record owners of parcels within the addition at the
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21 time the amendment is recorded. The amendment must be approved by
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22 the record owners of at least sixty percent (60%) of the parcels
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23 contained in the addition and shall be subject to the following:
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 1 1. The amendment shall provide that participation in the
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2 neighborhood association created by the amendment shall not be
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3 mandatory for persons who are record owners of parcels within the
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4 residential addition at the time the amendment is filed of record,
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5 but such participation shall be mandatory for all successors-in-
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6 interest of the record owners;
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7 2. The amendment must provide that the concurring vote of not
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8 less than sixty percent (60%) of the record owners of parcels
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9 contained in the addition shall be necessary for the establishment
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10 or change of dues for the neighborhood association; and
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11 3. Following approval, the amendment shall be filed of record
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12 in the office of the county clerk of the county wherein the
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13 residential addition is located against all parcels within the
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14 addition. The term amendment may apply to an existing covenant or
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15 to a new subject not addressed in existing covenants.
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16 A thirty-day written notice of any meeting called to approve any
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17 such amendment shall be provided to the owners of every parcel
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18 contained in the residential addition. The notice of such meeting
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19 shall be published in a newspaper in the county at least fourteen
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20 (14) days before the meeting. The notice shall also be given by
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21 publication in the neighborhood newsletter. Each parcel within the
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22 addition shall be entitled to one vote. Any amendment approved and
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23 recorded pursuant to this subsection may thereafter be revoked by
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 1 approval of sixty percent (60%) of the record owners of parcels
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2 within the addition.
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3 E. A municipality may amend an existing plat which was
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4 previously filed with the office of the county clerk of the county
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5 where the addition is located to remove an illegal discriminatory
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6 restrictive covenant pursuant to the Fair Housing Act, 42 U.S.C.,
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7 Section 3601 et seq. The amendment shall be filed on record in the
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8 office of the county clerk of the county where the addition is
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9 located against all parcels within the addition after:
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10 1. The municipality provides thirty (30) days’ written notice
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11 to all property owners of all parcels within the addition of the
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12 proposed amendment to remove an illegal discriminatory restrictive
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13 covenant, the notice including the time, date, and place of the
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14 planning commission meeting where the amendment will be considered;
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15 and
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16 2. The governing body of the municipality approves the amended
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17 plat.
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18 Nothing in this subsection shall be construed as requiring the
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19 approval of the amended plat by the property owners of all parcels
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20 within the addition.
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21 F. An illegal discriminatory restrictive covenant contained on
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22 a plat is not enforceable in this state, and all illegal
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23 discriminatory restrictive covenants contained in plats recorded in
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24 this state are unlawful, unenforceable, and declared null and void.
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 1 Any illegal discriminatory restrictive covenant contained in an
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2 existing plat is extinguished and severed from the plat, with the
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3 remainder of such plat remaining enforceable and effective.
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4 SECTION 2. This act shall become effective November 1, 2024.
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6 59-2-2909 MSBB 1/12/2024 1:48:04 PM
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