he By-Laws must be adopted by the Directors or Officers of the Association, and approved by vote at a regularly scheduled meeting of the Board, or at a special meeting if notice is given to all members of the date and time of the special meeting and the nature of the action being considered at the meeting. They are completely servient to the CCR's, and may only be enforced to the extent that they are allowed by the CCR's. The By-Laws are a set of rules that control the daily operation and governance of the Association. Further assessments, such as fines, are more suspect, and if not expressly provided in the CCR's, will rely on the specific nature of the fine and the manner or enforcing it for certain violations. Generally, a reasonable late fee for delinquent assessments can be implied from the general power of the Association to set and collect the assessments. Unless a By-Law provision is within the authority of the Association granted by the CCR's, it is subject to being held void and unenforceable. One of the ways that many Associations have attempted to deal with this problem is by drafting new provisions into the Association By-Laws. Consequently, many times associations are stymied by the statutes or the CCRs in trying to effectively operate. Unfortunately, the developers rarely consider the operation of the HOA in the formulation of the CCRs. One of the provisions will usually create an association, and specify whether or not the association will be mandatory. All persons who purchase lots in the development are bound by the CCRs. The plat also contains the Conditions, Covenants and Restrictions (CCRs) that are bound to the property. When a real estate development is created, the developer will record a plat, which contains a legal description and map of the area to be developed. For Developments and Associations created after the enactment of REDA, the evolution of the law has been piecemeal. Developments and HOAs created prior to 1975 are not covered by the Act. In 1975, the Oklahoma Legislature enacted the "Real Estate Development Act" (REDA). The law of Homeowners Associations (HOAs) and Property Owners Associations (POAs) is in a state of evolution in Oklahoma. Oklahoma Homeowners Association Law Oklahoma Homeowner Association Law
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