Oklahoma here - looking for help with MRTA attorney

Started by CarlyB1 • 6 replies • 216 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

CarlyB1 (Oklahoma)
Posts: 3

Posted:

Wondering if any fellow Oklahoman's are on here and if they have any direction to give on MRTA extinguishing our CCR's? Plat, Deed of Dedication & CCR's were filed in 1979 (44 yrs ago) and have never been revitalized. HOA was incorporated at SOS in 1988 (35 yrs ago). None of the documents have ever been updated to date (2024). We are way past the 30 year mark so looking to see if we can MRTA out of the HOA.

Our parcel was owned by the same original purchaser since 1981 (pre-HOA formation), passed away and we bought it in 2018 from their estate.

The HOA is so dysfunctional you wouldn't even believe how bad it is and its been that way since we moved here. Within the first month we had to get an attorney to stop an illegal vote (the old if you don't vote then we will count that as a YES). They've hated us ever since. I might add that the sole reason for the HOA is to take care of the retention pond maintenance (mowing, tree trimming) as the pond is the only amenity there is! We are talking country here folks :-) Only 131 households in this HOA. Small potatoes.

If anyone out there knows anything about Oklahoma's MRTA or can refer an attorney that can help with this please do post here. Being Oklahoma, most folks think that MRTA only applies to oil leases, etc. and not stale HOA documents. And these are about as moldy stale as documents can get. If we wanted to serve the Registered Agent of the HOA corporation we couldn't since all of the original folks from 1988 are the only people still on record. None of them are around here anymore/some are dead. It's a real mess!!

Thank you in advance!

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By CarlyB1 on 01/13/2024 5:54 PM
The HOA is so dysfunctional you wouldn't even believe how bad it is and its been that way since we moved here.

I believe such characterizations are habitually used by newbies here. /wink/

Quote:

Posted By CarlyB1 on 01/13/2024 5:54 PM
I might add that the sole reason for the HOA is to take care of the retention pond maintenance (mowing, tree trimming) as the pond is the only amenity there is!

I think this is a significant "amenity." I would call it "infrastructure," but that's just me. Drainage is a big deal. Ask any city/county land use department, and they'll reference a few hundred pages of code (law), just for starters.

Quote:

Posted By CarlyB1 on 01/13/2024 5:54 PM
Only 131 households in this HOA. Small potatoes.

In my experience: As HOAs go this is medium size potatoes.

A whopping five cases (from 1973, 1976, 1982, 1992 and 2005) come up when searching Okalahoma case law as follows:

"marketable record" site:https://law.justia.com/cases/oklahoma/

You can try calling the attorneys involved in what appears to be the most recent appeals court case (2005) that addressed an MRTA situation. See https://law.justia.com/cases/oklahoma/court-of-appeals-civil/2005/445317.html

Otherwise, posting the names of law firms and businesses violates the TOS of this forum.

You can post an email addie (one created just for this forum, preferably) and ask people to write you with names. This forum does not see many Oklahomans.

I do agree that the only attorney with whom to work here is one specialized in MRTA.

ElleN (Idaho)
Posts: 4,420

Posted:

Just googling as follows turns up articles by attorneys on Oklahoma MRTA:

"oklahoma" "mrta"

Also this 2018 case came up (with lawyers' names on it):

https://casetext.com/case/oak-tree-partners-llc-v-williams

TimB4 (Tennessee)
Posts: 21,061

Posted:

Since the Association is taking care of the storm water management retention pond, I doubt you would be successful in getting rid of the Association unless you could talk the County/City to take over the maintenance - perhaps with a special tax district of your development to pay for it.

CarlyB1 (Oklahoma)
Posts: 3

Posted:

Thanks Ellen ;-)

CarlyB1 (Oklahoma)
Posts: 3

Posted:

The County does not want anything to do with the retention pond. I had a conversation with them a few years ago. The retention pond is maybe 2 feet deep at best. County said if they starting accepting retention ponds from neighborhood associations they wouldn't be able to do anything else BUT maintain the hundreds of neighborhood ponds and there's no gain for the County just a liability.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Carly

I believe one could end their association and form a retention pond association whose only duty is to maintain the pond with dues from the association for such.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here