Oklahoma sellers must now disclose unpaid HOA dues, by amount, on a state form
Oklahoma sellers must now disclose unpaid HOA dues, by amount, on a state form
2026-09-15 · Oklahoma · Compliance
Since January 1, 2026, an Oklahoma seller in a homeowners association must state on a prescribed state form whether there are unpaid dues or assessments on the property, and how much they are. The unpaid-assessment box is the practical teeth: it puts an association lien risk in front of a buyer before the offer is accepted, not at closing.
The form is Appendix A, Residential Property Condition Disclosure Statement (01-01-2026), created by the Oklahoma Real Estate Contract Form Committee and approved by the Real Estate Commission under the Residential Property Condition Disclosure Act, 60 O.S. §§ 831–839.1
What the Act requires
From the Commission's own booklet: “The RPCDA requires sellers of residential real estate to disclose their actual knowledge of property defects that would negatively affect the monetary value of the property or impair the health and safety of future occupants. These disclosures must be in writing and delivered to the purchaser prior to the acceptance of a purchase offer. (60 O.S. § 834).”2
The association questions
The form carries a section headed “Property Shared in Common, Easements, Homeowner's Associations and Legal.” Item 41 reads: “Are you aware of a mandatory homeowner's association? Amount of dues $___ Special Assessment $___ Payable: (check one) ■ monthly ■ quarterly ■ annually. Are there unpaid dues or assessments for the property? ■ YES ■ NO. If yes, what is the amount? $___ Manager's Name ___ Phone Number ___”
Two nearby items catch what item 41 misses. Item 38: “Are you aware of features of the property shared in common with the adjoining landowners, such as fences, driveways, and roads whose use or responsibility has an effect on the property?” Item 49: “Are you aware of any other fees, leases, liens, dues or financed fixtures or improvements required on the property that you have not disclosed?”
Why this matters more in Oklahoma than it would elsewhere
Oklahoma has no statutory resale-certificate regime. There is no equivalent of a Texas resale certificate or a Florida estoppel letter — no statutory deadline for an association to respond to a request, no statutory fee cap, and no statutory consequence for an association that understates what is owed.
What exists instead is contractual. The Real Estate Contract Form Committee's association supplements impose a five-day delivery obligation on the seller. The single-family form, effective January 1, 2026, provides: “INSPECTION OF COMMON ELEMENTS AND REVIEW OF DOCUMENTS. Seller, or Seller's Broker, if applicable, within five (5) days from the Time Reference Date shall deliver to Buyer… the Declaration, (Real Estate Development Act, O.S. Title 60, Section 851, et. seq.), Restrictive Covenants, Bylaws of the Owners' Association, a copy of the Owners' Association annual budget reflecting the current monthly assessment(s)… the Project Plot Plan, Unit Plan, and the Rules and Regulations adopted by the Board of Directors of the Owners' Association, if any.”3
The association is not a party to that contract. So an Oklahoma seller is contractually obliged, on a five-day clock, to produce documents that only the association holds — with no legal mechanism to compel the association to produce them and no cap on what the manager may charge for them. That is a real gap and it belongs in any discussion of Oklahoma resale practice.
The condominium form is now combined — and carries an extra warning
The 2026 Contract Change Guide records the structural change: “CONDOMINIUM AND TOWNHOUSE ASSOCIATION FORMS — SUMMARY OF CHANGE: Combined Condominium and Townhouse forms.”4 Previously separate supplements are now one.
The combined form carries the same five-day delivery duty but cites a different statute and adds a warning the single-family form does not: the buyer receives “the Declaration (Unit Ownership Estate Act, O.S. Title 60, Section 501 et seq.), Restrictive Covenants, Bylaws of the Owners' Association, (which may grant to the Owners' Association a right of first refusal concerning the sale of the Property)…”
That parenthetical is the reminder that Oklahoma runs two entirely separate statutory regimes — the Real Estate Development Act at 60 O.S. § 851 et seq. for single-family HOAs, and the Unit Ownership Estate Act at 60 O.S. § 501 et seq. for condominiums — and the state's own forms are what make the distinction visible to buyers.
What a board can do
Answer estoppel requests accurately and quickly, because nothing makes you. An association that is slow or wrong is not breaking a statute; it is creating a closing problem that lands on a member and, eventually, on the association as an uncollectible balance.
Decide and publish a document fee, and keep it defensible. There is no statutory cap in Oklahoma. A charge that looks like rent-seeking is the kind of practice that produces a bill in the next session — HB 2800, which died in 2026, would have capped a good-standing statement at $50 and required delivery within seven days.
Keep a current ledger per unit. Item 41 asks the seller for a number. The number comes from the association.
What a buyer should do
Treat the disclosure as a starting point, not an answer. The Act reaches the seller's actual knowledge. A seller who genuinely does not know about a special assessment the board approved last month discloses nothing, and has not violated the Act.
Ask the association directly. The form asks for the manager's name and phone number for a reason.
Notice what the form does not ask. There is no question about reserve funding, no question about pending litigation, no question about a board-adopted but unlevied assessment, and no question about insurance. Oklahoma's disclosure regime is thinner than most.
One irony worth stating
The form requires a seller to give the buyer the association manager's name and telephone number — a person the State of Oklahoma does not license, register, bond, or regulate in any way.
What to watch next
Two new statutory forms also took effect on November 1, 2025 and reach owners in associations: a Homeowner's Notice of Cancellation of Wholesale Real Estate Purchase Contract, from Senate Bill 1075, and a Deed Theft Advisory “notice to be completed at each closing of a transaction,” from Senate Bill 877.4 Deed theft targets exactly the profile common in older HOA neighbourhoods — absentee owners, inherited homes, vacant lots — and an association that notices a recorded transfer it cannot explain now has a named statutory framework to point at.
Related Oklahoma HOA Topics
- Appendix A, Residential Property Condition Disclosure Statement (01-01-2026) — Oklahoma Real Estate Commission ↩
- Residential Property Condition Disclosure Act, 60 O.S. §§ 831–839 — OREC booklet ↩
- Single Family Homeowners' Association supplement (01-01-2026) — Oklahoma Real Estate Contract Form Committee ↩
- Contract Change Guide — contract form changes effective January 1, 2026, Oklahoma Real Estate Commission ↩
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