According to a 1975 Oklahoma statute those forming an “owners association” must file an instrument* at Tulsa County showing that all homeowners at that time, acknowledged and signed prior to the forming of a HOA. However, Tulsa County has advised that NO DOCUMENTS WERE FILED by those who formed the subdivisions with the homeowners signatures, prior to the formation of the corporation.
Since the Master Association has no authority to make such assessments against the lot/homeowners , then, the filing of any lien for failure to pay the assessment would be unauthorized and unlawful.
Filing of an unauthorized lien for failure to pay dues would constitute SLANDER OF TITLE. Both the Master Association and board members could be liable for treble damages, court costs and attorney fees in such a situation.
Since nothing was filed beforehand then we cannot be a mandatory HOA. The reason for the petition being signed and filed in Tulsa County, is to simply correct the Deed of Dedication (Covenants) that this is not a mandatory HOA (but voluntary), ensuring that future homeowners will also know the facts.
*Instrument: a written or printed paper giving information about or proof of something.
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