Oklahoma Legal Precedence?


Jul 31, 2016
Central Oklahoma
I have a question about the homeowners association I live in. I made the mistake of listening to one of my neighbors who said there was a policy change allowing chickens without verifying it. Now I am worried about defending myself if the developer decides to act. What I am wondering is if there is any legal precedence on an association/developer picking which rules they want to enforce. For example in my neighborhood there are probably at least 30% of the houses with what I would consider major violations against the covenants. At this time the developer hasn’t done anything to force those to comply. However, he has verbally threatened me. My response was that someone living in a glass house shouldn’t throw stones (a lot of the violations against the covenants have been committed by him). Do I have any legal standing that he can’t pick and choose and since he has allowed other violations by defacto I am safe? Some of the other violations in the neighborhood would be expensive to fix (wrong shingles, portable buildings not allowed, minimum brick requirements on shops not met, color of shops do not match house, buildings to close to the property line, roof pitches do not meet minimum standard, landscaping, garages facing the street, etc…). There is also a clause in the bylaws that states if someone is taken to court over a violation the losing party would have to pay both sides fees. I don’t care about the other violations and feel they should be able to do what they want within reason but I am just looking at a possible defense.

More background on my violation: I am the 3rd person in my neighborhood to start raising chickens. The lot sizes range from .75 to 1 acers. I only have 8 hens and no roosters. I live in Tuttle, OK which I believe allows chickens on lots of my size. The neighborhood has been around for 10 years or more. It has a new developer that has been in control for 2-3 years. The neighborhood sat with most of the lots vacant after the housing bust but it is almost full now. The developer retains the rights to control the association until it is about 90% complete.

Thanks for any help.

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