Attorney General opinion, 2013-5, 03/27/2013

              OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA
ATTORNEY GENERAL OPINION 2013-5
The Honorable Charles Wyrick March 27,2013
State Senator, District 1
2300 N. Lincoln Blvd., Room 530
Oklahoma City, Oklahoma 73105
Dear Senator Wyrick:
This office has received your request for an Attorney General Opinion in which you ask, in effect, the following question:
Does the Oklahoma Municipal Code apply to govern rural subdivisions in unincorporated areas of the State?
In your letter requesting an Attorney General Opinion you show that in 1961 the developers of an unincorporated rural subdivision created certain restrictions, limitations, and covenants upon the real property included within the unincorporated rural subdivision and filed them of record in November 1961.' Twenty years later in 1981, a nonprofit corporation was formed as a homeowners' association for the purpose of the improvement and maintenance of the subdivision and the enforcement of the existing covenants. See footnote 1. You inquire whether such an unincorporated rural subdivision with an incorporated homeowners' association falls within the meaning of "municipality" as used in the Oklahoma Municipal Code.2
1 Attachmentto letter from Charles Wyrick, State Senator to Scott Pruitt, Attorney General of Oklahoma (Jan. 23,2013) (on file with author).
2 The OklahomaMunicipal Code constitutes Title 11 ofthe Oklahoma Statutes and embraces 11 O.S.2011 &Supp.2012, §§ 1-101 -55-103.
313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (405) 521-3921 • FAX: (405) 521-6246
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