Ashbriar Village Condominium Owners' Association, Inc. v. Sunrise Property Solutions, LLC

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA ASHBRIAR VILLAGE CONDOMINIUM OWNERS' ASSOCIATION, INC., Plaintiff, v. SUNRISE PROPERTY SOLUTIONS, LLC; SOONER STATE BANK; OKLAHOMA COUNTY BOARD OF COMMISSIONERS; OCCUPANTS, TENANTS, AND OTHERS; Defendants. FILED IN DISTRICT COURT OKLAHOMA COUNTY MAR - 6 2026 RICK WARREN COURT CLERK Case No. PETITION COMES NOW, the Plaintiff, Ashbriar Village Condominium Owners’ Association, Inc. (the “Association”), and for its Petition alleges and states the following: 1. The Plaintiff, Ashbriar Village Condominium Owners’ Association, Inc. (the “Association”) is a homeowners association organized pursuant to the Unit Ownership Estate Act, 60 O.S. § 501 et seq. (the “Act”). 2. The Association is an Oklahoma not for profit corporation, in good standing, and operating under duly adopted Articles of Incorporation filed with the Oklahoma Secretary of State on September 14, 1978, and holds title to property within the Unit Ownership Estate and administers Ashbriar Village Condominiums (the “Unit Ownership Estate”). 3. The Plaintiff/Association is the duly authorized entity charged with administering the Declaration of Covenants, Conditions, Conditions and Restrictions for Ashbriar Village Condominiums, A Unit Ownership Estate, and enforcing the provisions of the Declaration filed of record on the September 14, 1978, at Book 4498 Page 603, and as amended, in the office of the Oklahoma County Clerk (the "Declaration"). Exhibit 1 - Declaration¹. 4. Ashbriar Village Condominium Owners’ Association, Inc. (the “Association”) is also governed by a duly adopted set of Bylaws filed as Appendix D to the Declaration and administers the Unit Ownership Estate pursuant to the Declaration and Bylaws of the Addition (collectively the “Governing Documents”). 5. The Association is managed and governed by a duly elected Board of Directors (the “Board”) in accordance with the Governing Documents. 6. Defendant Sunrise Property Solutions, LLC, is owner of property within the Unit Ownership Estate and is subject to the Governing Documents. 7. Defendant Sooner State Bank may claim some right, title, interest, or estate in and to the subject property by virtue of a mortgage recorded on April 21, 2022, at Book 15528 Page 1278. 8. Defendant Oklahoma County Board of Commissioners, may claim some right, title, estate, or interest to the subject property by virtue of unpaid ad valorem taxes. 9. Defendant Occupants, Tenants, and Others, if any, may claim some right, title, interest, or estate in and to the subject property by virtue of occupancy thereof. 10. Other Defendants may claim some interest in the subject Unit and are necessary parties for full determination and resolution of the Association’s claims. ¹ The relevant Sections of the Declaration and Bylaws have been included as Exhibit 1, while portions of the Declaration not pertaining hereto have been omitted for space considerations. The Declaration is filed of record and viewable online at acclaim.tulsacounty.org/AcclaimWeb and counsel will provide a complete copy to the Court upon request. 11. The Declaration for the Unit Ownership Estate, as amended and supplemented from time to time, provides for the establishment of the Plaintiff homeowners association, the mandatory membership within the Association of any person holding title to property within the Unit Ownership Estate, and the Association’s collection of assessments from such members. Exhibit 1 – Declaration. 12. Defendant Sunrise Property Solutions, LLC, took title to property within the Unit Ownership Estate by virtue of a Warranty Deed recorded on April 21, 2022, at Book 15131 Page 11, within the records of the Oklahoma County Clerk, with the address of 6708 N. Meridian Ave. Unit J, Oklahoma City OK 73116 ("Subject Property" or "Unit"), more particularly described as: Unit 6708J ASHBRIAR VILLAGE CONDOMINIUM, a Unit Ownership Estate, according to the Declaration thereof recorded in Book 4498 Page 603, in Oklahoma County, Oklahoma, and amendments thereto as shown under Provision of Title 60, Oklahoma Statutes, Section 501-530, inclusive, and the undivided interest in the limited and/or general common elements appertaining thereto. Exhibit 2 – Warranty Deed 13. This lawsuit seeks, among others, legal and equitable remedies against the Defendant Owner connected with, inter alia, the Defendant’s failure to remit assessments and to comply with the Governing Documents of the Unit Ownership Estate, which is situated in Oklahoma County, State of Oklahoma. As such, this lawsuit is rightly brought in Oklahoma County pursuant to 12 O.S. §132. 14. This Honorable Court is with personal and subject matter jurisdiction. 15. In addition, such causes of action arose in Oklahoma County, and venue in Oklahoma County is therefore proper under 12 O.S. §134. FIRST CAUSE OF ACTION - BREACH OF COVENANTS 16. The Association incorporates and re-alleges each fact and averment contained above, and in addition for its cause of action submits the following. 17. In the normal course of business since the Association’s inception, the Association has levied charges and assessments to the owners of property within the Unit Ownership Estate, including invoicing the Defendant Owner. 18. Pursuant to 16 O.S. § 16, all owners of property subject to properly executed and filed instruments of record, take ownership of such property with constructive notice of those instruments. 19. Pursuant to Section 10 of the Declaration, an owner becomes a mandatory member of the Association upon taking title to a unit. Exhibit 1 - Declaration, p. 4. 20. Pursuant to Section 19A of the Declaration, an owner is personally obligated to pay the assessments levied by the Board for the care, upkeep, and common expenses of the Association. Exhibit 1 - Declaration, pp. 7. 21. The Defendant Owner owns the real property subject to the Declaration and therefore is subject to the Declaration, and the payment of assessments to the Association. 22. Since the Defendant Owner became owner under the Declaration, the Association has invoiced the Defendant Owner for the assessments for her share of common expenses; however, the Defendant Owner has failed to remit the amounts invoiced in full. 23. The Association has made demands to the Defendant Owner for the payment of the assessments in arrears; however, the account of the Defendant Owner remains in arrears. 24. There exists no contractual right to set off and the Association has duly performed all conditions precedent to the collection of the assessments due under the Declaration. 25. The Association maintains records of assessments and payments for each property within the Addition. 26. As a result of non-payment by the Defendant Owner, assessments and charges authorized by the Governing Documents of the Association have accrued in the amount of $8,912.28 as of February 9, 2026, notwithstanding reasonable costs and attorney fees (the “Account”), which constitute a lien against the subject property and personal obligation of Defendant John Duval. Exhibit 3- Account Statement. 27. The Account is a continuing debt and accrues additional monthly assessments of $345.57 per month, periodic special assessments, monthly utility recapture, interest, late fees, and costs of collection pursuant to Sections 19 & 20 of the Declaration and the amount of the Account will increase during the pendency of this action. Exhibit 1 – Declaration, p. 7-8. 28. There exists no contractual right to set off and the Association has duly performed all conditions precedent to the collection of the assessments due under the Declaration. SECOND CAUSE OF ACTION - FORECLOSURE OF ASSESSMENT LIEN 29. The Association incorporates and re-alleges each fact and averment contained above, and in addition for its cause of action submits the following. 30. In addition to and concurrently with the personal obligations of Defendant Owner regarding the Account, the Association is granted a lien against the Property for delinquent assessments, and the Association may foreclose its assessment lien(s) in satisfaction of the Account. Exhibit 1 - Declaration, p. 7-8. 31. The Association caused a Statement of Association Assessment Lien to be recorded in the records of the Oklahoma County Clerk’s office on February 20, 2026, at Book 16384 Page 1559, against the subject Property for Defendant Owner’s failure to remit assessments and other charges due under the Declaration: Exhibit 4 – Lien. 32. The Lien is a continuing lien and represents then due and all after accruing assessments and charges regarding the Account. 33. Defendant Owner has no lawful or equitable exemption to the payment of assessments to the Association. 34. Pursuant to Section 20 of the Declaration and inter alia, 60 O.S. § 524 of the Act, the Association may foreclose its lien. Exhibit 1 - Declaration, p. 7-8. 35. The Association avers that other Defendants may claim some right, title or interest in and to the subject property by virtue of documents, instruments, or agreements, filed within the records of the Oklahoma County Clerk either prior or subsequent to the filing of the Association’s Lien, and that any party so claiming should appear and answer to such interest, and that the Court should determine the amount and priority of all those so claiming or forever bar the same from claiming such interest. 36. IN ACCORDANCE WITH THE FAIR DEBT COLLECTION PRACTICES ACT, UNLESS THE CONSUMER, WITHIN THIRTY DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTES THE VALIDITY OF ANY PORTION OF THE DEBT, IN WRITING, THE DEBT WILL BE ASSUMED VALID. IF SUCH CONSUMER NOTIFIES THE UNDERSIGNED ATTORNEY FOR THE PLAINTIFF IN WRITING WITHIN SUCH THIRTY DAY PERIOD THAT ANY PORTION OF THE DEBT IS DISPUTED, THE ATTORNEY WILL OBTAIN VERIFICATION OF THE DEBT, AND A COPY OF THE VERIFICATION WILL BE MAILED TO THE CONSUMER BY THE UNDERSIGNED ATTORNEY WITHIN THE THIRTY DAY PERIOD. THE UNDERSIGNED ATTORNEY FOR THE PLAINTIFF WILL PROVIDE THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE PLAINTIFF. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE. 37. The Association reserves the right to join any Defendant(s) necessary for the full determination of such Defendant’s rights in or to the subject property. WHEREFORE, the Association prays for (1) judgment in personam against Defendant Owner for the amount of the Account at the date of judgment herein, and for all subsequent dues and assessments accruing during the pendency of this action and up to the date of any confirmation of sale herein, currently accruing at $345.57 per month, periodic special assessments, monthly utility recapture, plus late fees, pre-judgment interest according to the Declaration, post-judgment interest thereafter at the contractual rate until paid, attorney fees, and costs of collection pursuant to the Declaration and Oklahoma Law, (2) for judgment in rem against the subject property for the amount of the Account at the date of judgment herein, and for all subsequent dues and assessments accruing during the pendency of this action and up to the date of any confirmation of sale herein, currently accruing at $345.57 per month, periodic special assessments, monthly utility recapture, plus late fees, pre-judgment interest according to the Declaration, post-judgment interest thereafter at the contractual rate until paid, attorney fees, and costs of collection pursuant to the Declaration and Oklahoma Law, (3) for the Court to declare the Association’s lien to be good and valid, and order such lien foreclosed, and ordering the Unit sold, with appraisement thereof and ordering such proceeds to be applied as follows: first, to the costs of this action, second, to the payment and satisfaction of the Association’s claims and judgment, and third, the surplus if any, paid into the Court to await further order, and (4) for the Court to determine the priority of any Defendant claiming an interest in the subject property, or claiming an interest through any such Defendant, and ordering all such Defendants’ claims to be forever barred and foreclosed, and enjoining said Defendants from asserting any further right, title, or interest in or to the subject property, or any portion thereof, and (5) for all further relief as this Honorable Court may deem just and equitable. Dated: 25FEB26 Respectfully submitted, WINTON LAW Matthew L. Winton, OBA No. 18879 [email protected] Matt Adam Thomas, OBA No. 32277 [email protected] 3233 East Memorial Road, Suite 103 Edmond, OK 73013 Tel. 405.478.4818; Fax. 888.857.0360 ATTORNEYS FOR THE PLAINTIFF VERIFICATION I, LISHA McDUFF, being of lawful age, state that I am the PRESIDENT of Ashbriar Village Condominium Owners’ Association, Inc.; I am a duly authorized agent of the Association; I have read the foregoing Petition and have personal knowledge of the contents thereof; I know the same to be true and correct to the best of my own knowledge, information, and belief; and state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. Dated this 24th day of February 2026. Location of Affiant when executing this Verification: Oklahoma County, Oklahoma. Signature of Affiant LISHA McDUFF Printed Name of Affiant PRESIDENT of Ashbriar Village Condominium Owners’ Association, Inc. SEP-14 70 85022 Aad 67.5 SEC. 4428 RC 603 SEP 14 2 31 PM 78 CCH JOURNAL ORELLA, DEPARTMENT CLERK UNOFFICIAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASHBRIAR VILLAGE CONDOMINIUMS A UNIT OWNERSHIP ESTATE Warren E. Jones Spredling, Stagner, Alpern, Friot & Jones 101 Park Avenue Suite 700 Oklahoma City, Oklahoma 73102 EXHIBIT 1 inoperable, shall be stored or parked on general common or limited common elements within the project; the operation of all vehicles on the project are subject to the By-Laws, rules and regulations of the Association. I. View From Common Elements or Unit. All clotheslines or drying yards, garbage cans, equipment, coolers, or storage piles shall be located as not to be visible from the general common elements or any other unit within the project. J. Tanks. No elevated tanks of any kind shall be erected, placed or permitted on any unit, or general common or limited common elements. K. Radio Transmitting Device. No radio transmitting device shall be allowed on any unit with an exposed or exterior antenna placed or maintained on any common element, limited common element, or on the roof of any unit. L. Activities Increasing Insurance Rate Waste. Nothing shall be done on any unit or in the general common or limited common elements which will result in the increase of fire or casualty insurance premiums thereon or the cancellation of such insurance. No waste shall be committed on the general common or limited common elements. M. Temporary Structure. No trailer, tent or shack shall be erected, placed or permitted nor shall any structure of a temporary character be used at anytime as a residence without the prior written consent of the Association. N. Nuisance Activity. No noxious or offensive activity shall be carried on nor shall anything be done therein which may be or become an annoyance or nuisance. O. Household Pets; Care and Restraint; Limit on Number; Indemnification by Owners. No animal shall be kept except household pets. Such pets may not be kept or bred for any commercial purpose and shall have such care and restraint so as not to be obnoxious or offensive on account of noise, odor or unsanitary conditions. No savage or dangerous animal shall be kept. No more than one household pet may be kept without written permission of the Association. No pets may be permitted to run loose within the project and any owner who causes any animal to be brought or kept within the project shall indemnify and hold harmless the Association for any loss, damage or liability which the Association may sustain as a result of the presence of such animal on the premises, whether or not the Association has given its permission therefor. 9. Easements for Encroachments. If any portion of the general or limited common elements encroaches upon a unit or units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist regardless of whether such easement is shown on the plans. If any portion of a unit encroaches upon the general or limited common elements, or upon adjoining unit or units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the general or limited common elements or on the units. 10. Administration and Management; Mandatory Membership; Terminable Contracts. The administration and management of this project shall be governed by these conditions, covenants and restrictions and the By-Laws of the Association, a copy of which is attached hereto as "Exhibit D" and incorporated herein by reference. An owner of a unit, upon becoming an owner, shall mandatorily be a member of the Association and shall remain a member for the period of his ownership. The Association shall be governed by a Board of Directors as is provided in the By-Laws of the Association. The Association may employ agents, servants and employees and any person or firm to act as Managing Agent at any agreed compensation, but any agreement for professional management of the condominium project, or any other contract providing for services by the declarant must provide for termination by either party without cause or payment of a termination fee on 90 days or less written notice and 30 days with cause and a maximum contract term of three years. paint or otherwise alter the appearance of any portion of the exterior of a unit or building without the approval of the Association so as to allow the Association to maintain the overall appearance of said exterior. There shall be no alteration or improvement of the common or limited elements without the approval of the Association. 15. Compliance with Provisions of Declaration, By-Laws and Rules and Regulations. Each owner shall comply strictly with the provisions of this Declaration, the By-Laws of the Association and the rules, regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure and refusal after written notice to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all attorney's fees incurred in connection therewith and interest on all of such amounts at the highest lawful rate, which action shall be maintainable by the Managing Agent or Board of Directors in the name of the Association on behalf of the owners or, in a proper case, by an aggrieved owner. 16. Interim Control of Association. Until seventy-five percent (75%), (i.e., 48) of the units have been sold and closed, the Declarant may appoint or elect the Board of Directors as provided in the By-Laws. 17. Revocation or Amendment to Declaration; Amendment of Undivided Interest in Common Elements. This Declaration shall not be revoked unless all of the owners and all of the holders of any recorded mortgage or lien covering or affecting any or all of the units unanimously consent and agree to such revocation by instrument(s) duly recorded. This Declaration shall not be amended unless the owners representing an aggregate ownership interest of eighty percent (80%), or more, of the common elements and 80% of the holders of any recorded first mortgage or lien covering or affecting any or all units consent and agree to such amendment by instrument(s) duly recorded. Provided, however, the undivided interest in the common elements shall not be altered except with the unanimous consent of all unit owners. 18. Assessment for Common Expenses. A. Obligation to Pay Pro-rata Share. All owners shall be obligated to pay the assessments, either estimated or actual, imposed by the Board of Directors of the Association to meet the common expenses. The pro-rata share of assessments shall be determined in accordance with "Exhibit C". B. Assessment Due Date. Assessments for the estimated common expenses shall be due monthly in advance on the first day of each month. The Board of Directors shall prepare and deliver or mail to each owner a statement of the owner's monthly assessment. In the event the ownership of a unit commences on a day other than the first day of a month, the assessment for that month shall be prorated. C. Fixing Assessments; Adjustments. For the purpose of fixing and determining the annual assessments or charges, the Board of Directors of the Association shall determine in advance for each calendar year the estimated aggregate amount of such assessments and charges as may be necessary for such year. The Board of Directors may from time to time during each year make reasonable adjustments in said estimated aggregate amount. The estimated aggregate amount for each year's expenses shall be pro rated among the owners of the units on a per capita basis. D. Special Assessments for Capital Improvements; Majority Assent; Notice. In addition to the annual assessments hereof, the Board of Directors may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the common or limited common elements, including the necessary fixtures and personal property related thereto, provided that any such special assessment shall have the majority assent of all of the owners with interests in the common or limited common elements as established hereby, voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be given to all members at least ten (10) days in advance, and shall set forth the purpose of the meeting. E. Basis of Common Expenses; Increases. The assessments made for common expenses shall be based upon estimated expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the general common elements, which sum may include, but shall not be limited to, expenses of management taxes and special assessments until separately assessed; premiums for fire insurance with extended coverage and vandalism and malicious mischief with endorsements attached issued in the amount of the maximum replacement value of all of the units (including all fixtures; interior walls, floors and ceilings; doors, windows and other elements or materials comprising a part of the units); casualty and public liability (the initial limits of which, subject to change by the Board of Directors, will be $1,000,000.00) and other insurance premiums; landscaping and care of grounds; common lighting; repairs and renovations; removal of pollutants and trash collections; wages; utility charges; beautification and decoration; professional (including legal and accounting) fees, management fees, expenses and liabilities incurred by the Board of Directors on behalf of the owners under or by reason of this Declaration and the By-Laws of the Association; any deficit arising or any deficit remaining from a previous period; the creation of reasonable contingency funds, reserves, working capital, and sinking funds as well as other costs and expenses relating to the common and limited common elements. In the event the cash requirement for common expenses exceeds the aggregate assessments made pursuant to this paragraph, the Board of Directors for the Association may from time to time and at any time increase, prorata, the monthly assessments set forth in this paragraph. The omission or failure of the Board of Directors to fix the assessment for any period shall not be deemed a waiver, modification or a release of the owners from their obligation to pay the same. Assessments shall be payable at the address determined by the Board of Directors. F. Benefit of Assessment or Association Earnings. No part of the assessments or net earnings of the Association shall inure to the benefit of any unit owner or individual, except to the extent that unit owners receive the benefits from the maintenance, repair, operations, additions, alterations and improvements of and to the general common elements. 19. Owner's Personal Obligation for Payment of Assessments. A. Non-Exemption from Payment; Board Responsibility to Collect; Interest, Costs, and Attorney Fees; Suit; Notice to Mortgagee. The amount of common expenses assessed against each unit shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for his contribution toward the common expenses by waiver of the use of enjoyment of any of the common elements or by abandonment of his unit. The Board of Directors shall have the responsibility to take prompt action to collect any unpaid assessment which remains unpaid more than fifteen (15) days from the due date for payment thereof. In the event of a default by an owner in the payment of the assessment, such owner shall be obligated to pay interest at the rate of ten percent (10%) or such higher rate (provided the same shall not be usurious) as the Board of Directors may from time to time determine, per annum on the amount of the assessment from due date thereof, together with all expenses, including attorney's fees, incurred to collect such assessment together with late charges as provided by the By-Laws of the Association. Suit to recover a money judgment for unpaid common expenses shall be instigated in Oklahoma County, Oklahoma, and maintainable without foreclosing or waiving the lien securing same. Additionally, in the event that the mortgage on a unit should so provide, a default in the payment of an assessment shall be a default in such mortgage and if required by the mortgagee by written notice to the Association, the Board of Directors shall give notice of any default in payment of an assessment to the mortgagee. B. Unsold Unit Assessments. Declarant shall be responsible for payment of an assessment for the unsold units. 20. Assessment Lien; Priority; Notice of Lien; Recording; Enforcement; Receiver; Mortgagee may pay Assessment. All sums assessed but unpaid for the share of common expenses chargeable to any unit shall constitute a lien on such unit prior to all other liens except the following: (1) assessments, liens and charges for taxes past due and unpaid on the unit, (2) judgments entered in a Court of Record prior to the date of common expense assessment, (3) mortgage instruments of encumbrance duly recorded prior to the date of such assessment, (4) mechanic's and materialmen's liens arising from labor performed or material furnished upon a unit prior to the date of such assessment, and (5) mechanic's and materialmen's liens for labor performed or material furnished upon the common elements to the extent of the proportionate part chargeable to the unit owners which constitute a part of an assessable charge for common expenses satisfaction of which shall discharge the assessment by the extent of the payment made. To evidence such lien, the Board of Directors shall prepare a written notice of assessment lien setting forth the amount of such unpaid indebtedness, the name of the owner of the unit and a description of the unit. Such a notice shall be signed by one of the Board of Directors or by one of the officers of the Association and shall be recorded in the office of the County Clerk of Oklahoma County, Oklahoma. Such lien for the common expenses shall attach from the due date thereof and impart notice to third parties from the date of the recording thereof. Such lien may be enforced by the foreclosure of the defaulting owner's unit subsequent to the recording of a notice or claim thereof by the Association in like manner as a mortgage on real property. In any such proceedings the owner shall be required to pay the costs, expenses and attorney's fees incurred for filing the lien and, in the event of foreclosure proceedings, the additional costs, all expenses and attorney's fees incurred. The owner of the unit being foreclosed shall be required to pay to the Association the monthly assessment for the unit during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Association shall have the power to purchase a unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same. Any mortgagee holding a lien on a unit may pay, but shall not be required to pay, any unpaid common expenses payable with respect to such unit, and such payment shall not be deemed a waiver by the Association or default by the unit owner. 21. Assessments Collectible Upon Sale. Upon the sale or conveyance of a unit, all unpaid assessments against the seller-owner for his pro-rata share of the common expenses, including interest and costs and reasonable attorney's fees incurred in collection, shall be first paid out of the sales price or by the purchaser in preference of any other assessments or charges of whatever nature, except the following: (A) Assessments, Liens and Charges for taxes past due and unpaid on the unit; (B) Judgments entered in a Court of Record prior to the date of common expense assessment; (C) Mortgage instruments of encumbrance duly recorded prior to the date of such assessments; (D) Mechanic's and Materialman's liens arising from labor performed or material furnished upon a unit prior to the date of such assessment; and (E) Mechanic's and Materialmen's liens for labor performed or material furnished upon the common elements to the extent of the proportionate part chargeable to the unit owners which constitute a part of an assessable charge for common expenses satisfaction of which shall discharge the assessment of the extent of the payment made. 22. Mortgaging a Unit; Priority; Mortgage Subject to Declaration; Mortgagee in Title-Unpaid Assessments. An owner shall have the right from time to time to mortgage or encumber his unit and the interests appurtenant thereto by deed of trust, mortgage or other instrument, but the lien created thereby shall be subject to the terms and provisions of this declaration, and any mortgagee or other lienholder who acquires a unit through judicial foreclosure, public sale or other means shall be subject to the terms and conditions of this Declaration except as specifically excepted herefrom. Where the holder of a first mortgage of record or other purchaser obtains title to the unit ownership estate as a result of foreclosure of the first mortgage, such acquirer of title shall not be liable for the share of the common expenses or assessments chargeable to such unit which became due prior to acquisition of title to such unit by such acquirer. 'same' to a member of the family of the unit owner; or c. with respect to any mortgage foreclosure sale; d. with respect to any first mortgagee who obtains title to the unit pursuant to the remedies provided in the mortgage, on foreclosure of the mortgage, or deed (or assignment) in lieu of foreclosure, but shall be binding and enforceable upon the successors in title by the occurrence of any of said events. Such option to purchase shall be subject and subordinate to any mortgage, and the right of the mortgagee thereunder now or hereafter affecting any such unit, including mortgages placed upon such unit subsequent hereto. H. Attorneys Fees. In the event action is instituted to enforce any of the provisions contained in this Declaration, the party prevailing in such action shall be entitled to recover from the other party thereto as part of the judgment, reasonable attorneys' fees and costs of such suit. In the event the Association is a prevailing party in such action, the amount of such attorneys' fees and costs shall be a Special Assessment with respect to the unit involved in the action. I. Special Amendment. Declarant hereby reserves and is granted the right and power to record a Special Amendment to this Declaration at any time and from time to time which amends this Declaration: (i) to comply with requirements of the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Department of Housing and Urban Development, the Federal Housing Association, the Veteran's Administration, or any other governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently performed by such entities and/or (ii) to induce any of such agencies or entities to make, purchase, sell, insure or guarantee first mortgages covering units. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant to make or consent to a Special Amendment on behalf of each Owner. Each deed, mortgage, trust deed, other evidence of obligation or other instrument affecting a Dwelling Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power to the Declarant to make, execute, and record Special Amendments. No Special Amendment made by Declarant shall affect or impair the lien of any first mortgage upon a Unit or any warranties made by an Owner or first mortgagee in order to induce any of the above agencies or entities to make, purchase, insure, or guarantee the first mortgage on such Owner's Unit. IN WITNESS WHEREOF, the undersigned have executed these presents the 11th day of SEPTEMBER, 1978. VILLAGE HOMES OF OKLAHOMA, INC. BY [signature] [NAME] President ATTEST: [signature] Secretary STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) The foregoing instrument was acknowledged before me this 11th day of SEPT 1978, by JAMES M. FREEMAN, () President of Village Homes of Oklahoma, Inc., an Oklahoma corporation, on behalf of the corporation. Notary Public My Commission Expires: 7-7-79 DOC STAMPS: $77.25 Property Address: 6708 N Meridian Ave, Unit J, Oklahoma City, OK 73116 Buyer Mailing Address: 6608 N Western Ave, #1066, Oklahoma City, OK 73116 WARRANTY DEED (Oklahoma Statutory Form) That Kim L Mock, a single person, Party of the first part, in consideration of the sum of Ten And No/100 Dollars ($10.00) and other valuable considerations, in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto Sunrise Property Solutions, LLC, a Limited Liability Company, party of the second part, the following described real property and premises situate in Oklahoma County, State of Oklahoma, to wit: Unit 6708J, ASHBRIAR VILLAGE CONDOMINIUMS, a Unit Ownership Estate, according to the Declaratation thereof recorded in Book 4498 Page 603, in Oklahoma County, Oklahoma, and Amendments thereto, as shown under Provision of Title 60, Oklahoma Statutes, Section 501-530, inclusive, and the undivided interest in the limited and/or general common elements appertaining thereto. together with all the improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same. TO HAVE AND TO HOLD said described premises unto the said part of the second part, heirs and assigns of the survivor, forever, free, clear and discharged of and from all former grants, charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature. EXCEPT covenants, conditions, easements and restrictions of record. Signed and delivered this 21st day of April, 2022. [Signature] Kim L Mock ACKNOWLEDGMENT State of Oklahoma County of Oklahoma Before me, the undersigned, a Notary Public in and for said County and State on this 21st of April, 2022, by Kim L Mock, a single person, to me known to be the identical person who subscribed the name of the maker thereof of the foregoing instrument and acknowledged to me that same was executed as the free and voluntary act and deed of such entity for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. [Signature] Rachel Koeppe, Notary Public Commission Expires: 10/2/2023 Prepared By: Strida Management Group PO Box 18892 Oklahoma City, OK 73154 Association Owner Statement For From 6/1/2024 to 2/9/2026 Statement Period: 6/1/2024 - 2/9/2026 Statement Date: 2/13/2026 Balance Due: $8,912.28 Sunrise Property Solutions LLC 6608 N Western Ave Unit 1066 Oklahoma City, OK 73116 Account number 00438002 Ashbriar Village Condominiums - 6708J <table> <tr> <th>Date</th> <th>Description</th> <th>Amount</th> <th>Balance</th> </tr> <tr> <td>6/1/2024</td> <td>June 2024</td> <td>314.15</td> <td>314.15</td> </tr> <tr> <td>6/1/2024</td> <td>June Utilities</td> <td>117.68</td> <td>431.83</td> </tr> <tr> <td>7/1/2024</td> <td>July 2024</td> <td>314.15</td> <td>745.98</td> </tr> <tr> <td>7/1/2024</td> <td>July Utilities</td> <td>81.66</td> <td>827.64</td> </tr> <tr> <td>8/1/2024</td> <td>August 2024</td> <td>314.15</td> <td>1,141.79</td> </tr> <tr> <td>8/1/2024</td> <td>August Utilities</td> <td>122.21</td> <td>1,264.00</td> </tr> <tr> <td>8/27/2024</td> <td>Special Assessment</td> <td>1,830.00</td> <td>3,094.00</td> </tr> <tr> <td>9/1/2024</td> <td>September 2024</td> <td>314.15</td> <td>3,408.15</td> </tr> <tr> <td>9/1/2024</td> <td>September Utilities</td> <td>112.61</td> <td>3,520.76</td> </tr> <tr> <td>10/1/2024</td> <td>October 2024</td> <td>314.15</td> <td>3,834.91</td> </tr> <tr> <td>10/1/2024</td> <td>October Utilities</td> <td>133.85</td> <td>3,968.76</td> </tr> <tr> <td>11/1/2024</td> <td></td> <td>116.54</td> <td>4,085.30</td> </tr> <tr> <td>11/1/2024</td> <td>Association fee</td> <td>314.15</td> <td>4,399.45</td> </tr> <tr> <td>11/16/2024</td> <td>Late fee</td> <td>36.52</td> <td>4,435.97</td> </tr> <tr> <td>11/18/2024</td> <td>CC convenience fee</td> <td>58.04</td> <td>4,494.01</td> </tr> <tr> <td>11/18/2024</td> <td>by Sunrise Property Solutions LLC</td> <td>(1,999.04)</td> <td>2,494.97</td> </tr> <tr> <td>11/18/2024</td> <td>CC convenience fee</td> <td>58.04</td> <td>2,553.01</td> </tr> <tr> <td>11/18/2024</td> <td>by Sunrise Property Solutions LLC</td> <td>(1,999.04)</td> <td>553.97</td> </tr> <tr> <td>11/18/2024</td> <td>CC convenience fee</td> <td>16.56</td> <td>570.53</td> </tr> <tr> <td>11/18/2024</td> <td>by Sunrise Property Solutions LLC</td> <td>(570.53)</td> <td>0.00</td> </tr> <tr> <td>11/30/2024</td> <td>Charge for SA to RI</td> <td>1,830.00</td> <td>1,830.00</td> </tr> <tr> <td>12/1/2024</td> <td>November Utilities</td> <td>110.32</td> <td>1,940.32</td> </tr> <tr> <td>12/1/2024</td> <td>Association fee</td> <td>314.15</td> <td>2,254.47</td> </tr> <tr> <td>12/16/2024</td> <td>Late fee</td> <td>3.52</td> <td>2,257.99</td> </tr> <tr> <td>1/1/2025</td> <td>Association fee</td> <td>314.15</td> <td>2,572.14</td> </tr> </table> Prepared By: Strida Management Group PO Box 18892 Oklahoma City, OK 73154 Association Owner Statement For From 6/1/2024 to 2/9/2026 <table> <tr> <th>Date</th> <th>Description</th> <th>Amount</th> <th>Balance</th> </tr> <tr> <td>1/1/2025</td> <td>December 2024 Utility Bill Back</td> <td>111.95</td> <td>2,684.09</td> </tr> <tr> <td>1/16/2025</td> <td>Late fee</td> <td>7.09</td> <td>2,691.18</td> </tr> <tr> <td>2/1/2025</td> <td></td> <td>163.65</td> <td>2,854.83</td> </tr> <tr> <td>2/1/2025</td> <td>Association fee</td> <td>314.15</td> <td>3,168.98</td> </tr> <tr> <td>2/16/2025</td> <td>Late fee</td> <td>11.11</td> <td>3,180.09</td> </tr> <tr> <td>3/1/2025</td> <td>February 2025 Utility Bills paid</td> <td>265.77</td> <td>3,445.86</td> </tr> <tr> <td>3/1/2025</td> <td>Association fee</td> <td>314.15</td> <td>3,760.01</td> </tr> <tr> <td>3/16/2025</td> <td>Late fee</td> <td>16.02</td> <td>3,776.03</td> </tr> <tr> <td>4/1/2025</td> <td>Utility Bill Back - March 2025</td> <td>287.18</td> <td>4,063.21</td> </tr> <tr> <td>4/1/2025</td> <td>Association fee</td> <td>345.57</td> <td>4,408.78</td> </tr> <tr> <td>4/3/2025</td> <td>CC convenience fee</td> <td>58.04</td> <td>4,466.82</td> </tr> <tr> <td>4/3/2025</td> <td>by Sunrise Property Solutions LLC</td> <td>(1,999.04)</td> <td>2,467.78</td> </tr> <tr> <td>4/16/2025</td> <td>Late fee</td> <td>5.29</td> <td>2,473.07</td> </tr> <tr> <td>5/1/2025</td> <td></td> <td>170.40</td> <td>2,643.47</td> </tr> <tr> <td>5/1/2025</td> <td>Association fee</td> <td>345.57</td> <td>2,989.04</td> </tr> <tr> <td>5/16/2025</td> <td>Late fee</td> <td>9.62</td> <td>2,998.66</td> </tr> <tr> <td>6/1/2025</td> <td>2025 Special Assessment</td> <td>549.00</td> <td>3,547.66</td> </tr> <tr> <td>6/1/2025</td> <td></td> <td>244.34</td> <td>3,792.00</td> </tr> <tr> <td>6/1/2025</td> <td>Association fee</td> <td>345.57</td> <td>4,137.57</td> </tr> <tr> <td>6/16/2025</td> <td>Late fee</td> <td>19.15</td> <td>4,156.72</td> </tr> <tr> <td>7/1/2025</td> <td>Association fee</td> <td>345.57</td> <td>4,502.29</td> </tr> <tr> <td>7/1/2025</td> <td>June Utility Reimbursement</td> <td>138.38</td> <td>4,640.67</td> </tr> <tr> <td>7/16/2025</td> <td>Late fee</td> <td>23.33</td> <td>4,664.00</td> </tr> <tr> <td>8/1/2025</td> <td>July Utility Reimbursement</td> <td>206.51</td> <td>4,870.51</td> </tr> <tr> <td>8/1/2025</td> <td>Association fee</td> <td>345.57</td> <td>5,216.08</td> </tr> <tr> <td>8/16/2025</td> <td>Late fee</td> <td>28.10</td> <td>5,244.18</td> </tr> <tr> <td>8/25/2025</td> <td></td> <td>215.71</td> <td>5,459.89</td> </tr> <tr> <td>9/1/2025</td> <td>Association fee</td> <td>345.57</td> <td>5,805.46</td> </tr> <tr> <td>9/16/2025</td> <td>Late fee</td> <td>33.00</td> <td>5,838.46</td> </tr> <tr> <td>10/1/2025</td> <td>September Utility Bill Back</td> <td>182.37</td> <td>6,020.83</td> </tr> <tr> <td>10/1/2025</td> <td>Association fee</td> <td>345.57</td> <td>6,366.40</td> </tr> <tr> <td>10/16/2025</td> <td>Late fee</td> <td>37.65</td> <td>6,404.05</td> </tr> <tr> <td>11/1/2025</td> <td></td> <td>158.95</td> <td>6,563.00</td> </tr> <tr> <td>11/1/2025</td> <td>Association fee</td> <td>345.57</td> <td>6,908.57</td> </tr> </table> Prepared By: Strida Management Group PO Box 18892 Oklahoma City, OK 73154 Association Owner Statement For From 6/1/2024 to 2/9/2026 <table> <tr> <th>Date</th> <th>Description</th> <th>Amount</th> <th>Balance</th> </tr> <tr> <td>11/16/2025</td> <td>Late fee</td> <td>42.15</td> <td>6,950.72</td> </tr> <tr> <td>12/1/2025</td> <td>November Utility Reimbursement</td> <td>202.82</td> <td>7,153.54</td> </tr> <tr> <td>12/1/2025</td> <td>Association fee</td> <td>345.57</td> <td>7,499.11</td> </tr> <tr> <td>12/5/2025</td> <td>Invoice 18763- Re:Sunrise Property Solutions</td> <td>150.00</td> <td>7,649.11</td> </tr> <tr> <td>12/16/2025</td> <td>Late fee</td> <td>48.30</td> <td>7,697.41</td> </tr> <tr> <td>1/1/2026</td> <td>Association fee</td> <td>345.57</td> <td>8,042.98</td> </tr> <tr> <td>1/1/2026</td> <td></td> <td>154.50</td> <td>8,197.48</td> </tr> <tr> <td>1/16/2026</td> <td>Late fee</td> <td>52.85</td> <td>8,250.33</td> </tr> <tr> <td>2/1/2026</td> <td>January 2026 Utility Reimbursement</td> <td>241.38</td> <td>8,491.71</td> </tr> <tr> <td>2/1/2026</td> <td>Association fee</td> <td>345.57</td> <td>8,837.28</td> </tr> <tr> <td>2/9/2026</td> <td>Invoice 19227. Re: Sunrise Property Solutions, LLC</td> <td>75.00</td> <td>8,912.28</td> </tr> </table> STATEMENT OF ASSOCIATION ASSESSMENT LIEN STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) SS. KNOW ALL MEN BY THESE PRESENTS: Ashbriar Village Condominium Owners' Association, Inc., an Oklahoma nonprofit corporation (Association), located at 1125 NW 50th St., Oklahoma City OK 73118, has a continuing claim against Sunrise Property Solutions, LLC (Owner) of 6708 N Meridian Ave. Unit J, Oklahoma City, OK 73116, per the Declaration of Covenants, Conditions, and Restrictions filed within the Oklahoma County Clerk’s office at Book 4498 Page 603, as amended (the Declaration), for the present sum of $8,912.28 for the non-payment of association assessments, interest, and costs of collection now due and owing the Association, plus all future accruing unpaid assessments, interest, and costs of collection. This lien is to be recorded in the county clerk’s office against the real estate owned by the Owner described as: Unit 6708J, ASHBRIAR VILLAGE CONDOMINIUMS, a Unit Ownership Estate, according to the Declaration thereof, recorded in Book 4498 Page 603, in Oklahoma County, Oklahoma, and amendments thereto, as shown under Provision of Title 60, Oklahoma Statutes, Section 501-530, inclusive, and the undivided interest in the limited and/or general common elements appertaining thereto. The sum is just, due, and unpaid and the Association has a lien and claim on the Property in the amount stated above, according to the laws of the State of Oklahoma, and according to the Declaration. Dated: 2/20/26 Officer/Director of the Association STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) ss: Before me, the undersigned, a Notary Public in and for said County and State on the day written above, personally appeared the above to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. Angela Bergen Notary Public THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU DISPUTE THE VALIDITY OF THE DEBT WITHIN THIRTY DAYS, THE ORIGINAL CREDITOR, DEBT AMOUNT, AND ANY OTHER NECESSARY INFORMATION WILL BE PROVIDED TO YOU.