Constructive notice for HOA dues

Recently after a webinar for the Oklahoma Bar Association, I received a question regarding dues notices. Specifically, the question was posed, "Can an HOA rely on constructive notice for dues obligations and sue to collect delinquent dues without sending owners individual invoices?" Constructive notice (16 O.S. 16) is the rule that if notice is properly filed of record, then knowledge of the notice will be imputed to a person whether or not that person has actually viewed the notice. Liken this to the commonly heard, "Ignorance of the law is no excuse." While it may be technically correct that constructive notice will bind a person to a dues obligation, I believe HOAs should still send annual notices individually to owners. As attorneys, one way we assist clients is by reducing or negating arguments against our client's position. Having the HOA client send annual dues notices takes away the argument of a debtor that they shouldn't have to remit dues on a particular collection.

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