A bill making HOA board members live in the neighborhood died one floor vote short
A bill making HOA board members live in the neighborhood died one floor vote short
2026-09-15 · Oklahoma · Legislation · Did not pass
Oklahoma came within a single Senate floor vote of requiring homeowners association board members to actually live in the neighbourhood they govern. The bill passed the House 70–19, cleared its Senate committee, reached the Senate General Order, and expired there when the session ended.
House Bill 2588, “Owners associations; membership; requirements; residence; effective date,” by Rep. Clay Staires (R, House District 66) with Sen. Dave Rader (R, Senate District 39) as principal Senate author, would have amended 60 O.S. § 854.1
What it said
Verbatim from the engrossed bill:
“B. Board members of an owners association, after the real estate developer relinquishes control of the owners association, shall consist of members of said owners association who are current recorded owners of lots in the real estate development. Furthermore, owners association board members shall physically reside in the real estate development that is governed by said owners association. For purposes of this act, a board member… is deemed to 'physically reside' in the real estate development if the member maintains an address for personal income tax purposes at a home or dwelling within the owners association, and the member inhabits and maintains the home or dwelling located at that address… as the fixed, permanent, and principal home of the member for at least ten (10) months, in the aggregate, during each calendar year in which the member serves on the board. If at any time after the member is elected… the member fails to meet or no longer meets the requirements of physically residing in the real estate development, that board member shall be deemed to have automatically resigned his or her position as a board member.”
Three requirements, one consequence: be a recorded owner, live there, live there ten months a year — and if you stop, you are off the board by operation of law.
How close it came
The history is worth setting out, because it is a study in how Oklahoma bills die.
Introduced January 16, 2025 as the same empty “Oklahoma Property Act of 2025” shell, under Speaker Kyle Hilbert's name. First reading February 3, 2025; referred to Rules.
Then, a year later, it moved. February 9, 2026: Hilbert removed, Staires substituted as principal author. February 12: withdrawn from Rules, referred to Government Oversight, then to General Government. February 17, 2026: General Government reported it Do Pass As Amended, 10–0. March 3, 2026: Government Oversight, Do Pass As Amended, 12–0. March 25, 2026: House third reading, passed 70–19 with ten excused.
Engrossed to the Senate March 26. Second reading referred to Senate Business and Insurance April 1. Reported Do Pass April 9. Placed on the General Order April 14, 2026.
And there it stopped. Two unanimous committee votes, a decisive House floor vote, a favourable Senate committee report — and no Senate floor vote before sine die on May 14, 2026.
The problem it was aimed at
Non-resident control of association boards is a real and growing Oklahoma phenomenon, and it has two distinct sources.
Entity owners. Units held by limited liability companies and investor funds vote by proxy through asset managers who have never seen the property. Oklahoma City and Tulsa rank fourth and fourteenth nationally for mega-investor activity in single-family homes, and both Oklahoma bills to curb it — HB 1064 and SB 2082 — died in the same biennium.
Owners who moved and kept the house. An owner who relocates and rents out the unit remains a member and, absent a covenant to the contrary, remains eligible for the board.
The ten-month test was drawn to catch both. Note how demanding it is: the address must be the one used for personal income tax purposes, and the home must be the “fixed, permanent, and principal home” for ten months in aggregate each year. A snowbird board member would not qualify.
The objections that bear on a board
A residency requirement has real costs, and 19 House members voted against it.
It shrinks the candidate pool, in communities that already struggle to seat a board at all. An automatic-resignation rule can leave an association below quorum mid-year with no process to replace the seat.
It disenfranchises legitimate owners. An owner who pays assessments on a unit they rent out has a genuine financial stake and would be barred from governing it.
It is self-executing, which is the sharp edge. “Deemed to have automatically resigned” means no notice, no hearing, and no board resolution. Decisions taken by a board that unknowingly included a disqualified member would sit under a cloud.
What an association can do without a statute
Read your own bylaws. Director qualifications in Oklahoma come from the governing documents and Title 18, not from § 854. Many Oklahoma bylaws already require directors to be members; far fewer require residency.
You can add one. A residency or owner-occupancy qualification is a bylaw amendment, and in most Oklahoma associations bylaws amend more easily than the declaration. A board contemplating it should address exactly what HB 2588 left rough: what happens to the seat, how a vacancy is filled, and whether decisions taken before the disqualification was noticed stand.
And remember what the courts have been doing meanwhile. In Howard v. Barrington Homeowners Association, 2026 OK 9, the Oklahoma Supreme Court applied the business judgment rule to an association board and held that three days between a pre-suit demand and filing was not enough. Members' recourse against a board they think is unrepresentative just got procedurally harder in the same year a bill to change who may sit on one failed.
What to watch next
Whether Staires or Rader refiles. A bill carrying two unanimous committee votes and a 70–19 floor vote is a strong candidate to return, and the whole of its remaining work is one Senate floor vote. Bill requests for the 61st Legislature are due December 4, 2026, introductions by 4:00 p.m. on January 14, 2027.
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