An Oklahoma man is engaged in a residency dispute with his homeowners association (HOA), after he was ordered to leave due to his status as a registered sex offender.
According to court documents, the man, who was found guilty of charges stemming from secretly videotaping a young girl and several other women in his Oklahoma City apartment, registered as a sex offender after being released from prison in May.
After a recent change in state law made it illegal for any registered sex offender to have a residence within 2,000 feet of any homeowners association parks, the man was ordered by area police, as well as his probation officer, to move.
However, a petition filed in county court by the man’s wife and mother-in-law revealed that the move received full legal approval from both the area police department and the state’s probation department
Despite the fact that the existing law was not enacted at the time the move was approved, the HOA maintained that all residents are required to obey existing law. Though no decision has been made regarding the case, the man has already confirmed that, regardless of the decision, he will abide by it.
Homeowners Association Disputes
When you purchase a residential property, like those in a subdivision, condominium or planned community, it is typically part of a homeowners association, or an organization that decides and enforces rules for the surrounding properties. HOAs often collect annual, or even monthly, fees that assist with the upkeep of the community, like parks, swimming pools or other recreational facilities in its jurisdiction.
That’s why it’s so important, when dealing with any potential property acquisition under an HOA’s jurisdiction, to understand the full terms of the homeowner’s agreement. Unlike contractual agreements, which are established for a fixed timeline, HOA agreements are more of a covenant – they continue well into the future, and homeowners need to be aware of that.
However, disputes will often arise over the terms of these agreements. These may come on the side of residents or the developer, depending on the situation.
For example, we have seen cases where a family purchases a residential property without being properly informed of the restrictive covenants of the property. We have also represented clients on the developer side, including those who have purchased property involving an existing development, like golf courses with adjoining communities.
If you or someone you know is experiencing a dispute with your HOA, or if you are a developer experiencing a dispute with a resident in your jurisdiction, it is in your best interest to contact a skilled business attorney as soon as possible. Only a qualified attorney can review the terms of an existing HOA agreement, along with existing state law, and recommend a strategy for your case.
HOA Attorneys in Norman, Oklahoma
For those residing in Norman, Oklahoma and the surrounding communities, the dedicated attorneys at Rick Dane Moore & Associates Law Firm, P.L.L.C. are able to assist with a wide array of business law issues, including disputes that arise between residents and their respective HOAs. Whether you are a developer, resident or represent the community at large, our firm is committed to using our expertise to help you reach a successful end result in your case.
To schedule an initial consultation with a member of our business law team to assess your case, we invite you to call Rick Dane Moore & Associates Law Firm, P.L.L.C. today at (405) 366-0373.