Resurrecting expired covenants

During the recent OBA webcast on Oklahoma homeowner association law, I was asked the following question:

Q - If a set of covenants for an older neighborhood has expired, how can the residents create new covenants to control structural restrictions in the future?

A - It may be that the covenants did not actually expire. Check the covenants for language such as, "These covenants shall run with the land for a period of 20 years, after which time they shall extend for successive 10 year periods." This language does not cause expiration, but rather continuation without interruption except if a certain percentage of owners amend the covenants.

If the covenants have in fact expired or terminated, the owners within the addition will have to vote to create a new set of covenants. These covenants will have to be approved by each owner whose property will be subject to those covenants. Their approval should be designated in writing before a notary and be filed in the local county clerk's office along with the new set of covenants.

Matthew L. Winton, Oklahoma property owners association attorney.