CJ-2025-42 - The Willows Condominium Owners Association v. Brandon L. McQuary

What's This Case About?

Let’s be honest: nothing says “high-stakes drama” like a $1,473.20 debt that’s sent an entire condo association into full legal siege mode. That’s right—your monthly car payment, that slightly overpriced vacation, or maybe just three rounds of takeout from that fancy Thai place down the street? That’s what we’re fighting over in Tulsa County, where the Willows Condominium Owners Association has decided it’s time to go full Law & Order: HOA Edition on one Brandon L. McQuary. And not just him—his possibly existent spouse, the people living in his condo (who might be him?), and even the county treasurer are all named in this legal spectacle. Welcome to the glamorous world of civil court, where $1,473 can buy you a five-defendant drama with liens, verification clauses, and a very formal address to “Jane Doe, Spouse of Brandon L. McQuary, If Married.”

So who are these players? On one side, we’ve got The Willows Condominium Owners Association—basically the landlords of the landlords, the rule-enforcers with a clipboard and a dream. They’re a nonprofit corporation (so noble, so selfless) that’s been around since 1983, which means they’ve seen it all: noisy trash days, unauthorized balcony potted plants, and now, the ultimate betrayal—unpaid dues. Their weapon of choice? The Governing Documents, filed in Book 4673, Page 437, like some ancient legal scroll that probably hasn’t been opened since the Reagan administration. And on the other side? Brandon L. McQuary, proud owner of Unit 208-D at 1908 E. 66th Pl., Tulsa, Oklahoma. Whether he’s a deadbeat, a forgetful guy who lost the invoice in a pile of laundry, or just really bad at math, we may never know. But what we do know is that he owes $1,473.20 in unpaid condo assessments, and the Association is not here to play nice.

Now, let’s walk through the drama. It starts quietly enough—just a few missed payments. Maybe Brandon was between jobs. Maybe he thought the HOA was just sending junk mail. Maybe he’s been in a long-term coma and just woke up to find he’s being sued. We don’t know. But by May 2024, the Association had had enough. They filed a lien against his condo—yes, a lien, like the kind you get for not paying your taxes or your student loans. But this? This is for condo fees. They claim he’s on the hook for regular assessments (the monthly dues that keep the grass mowed and the lights on in the hallway), late fees, finance charges, and even attorney fees for the privilege of being sued. And get this—the lien wasn’t just for what he owed at the time. Oh no. It also covers future unpaid assessments. That’s right: they’re suing him for money he might owe later. It’s like being fined for a crime you haven’t committed yet, but with more paperwork.

The Association insists they’ve followed all the rules. They cite Title 60 of the Oklahoma Statutes, which gives them the right to slap a lien on a unit when dues go unpaid. They filed the lien on May 20, 2024. They waited. And when Brandon didn’t magically produce the cash, they filed this petition on December 27, 2024—right before New Year’s, because nothing says “fresh start” like a foreclosure lawsuit. They even included a little Fair Debt Collection Practices Act disclaimer, like they’re a debt collector trying to sound legit while threatening to take your home over a car payment’s worth of dues.

But here’s where it gets deliciously absurd. The Association didn’t just sue Brandon. They sued everyone. First, there’s “Jane Doe, Spouse of Brandon L. McQuary, If Married.” That’s not a typo. They literally sued “if married.” It’s like the legal version of “To Whom It May Concern.” Is Jane real? Does she exist? Does Brandon even know her? We don’t know! But the Association wants to make sure that if she does show up later with a claim to the condo, she can’t say, “Wait, I wasn’t served!” So they named her—conditional marriage and all. Then there’s the “Occupant(s) of Premises.” Again, plural. Are there multiple people living in Unit 208-D? Is it a commune? A secret bunker? A meth lab? Unlikely. But the Association doesn’t care. They’re covering their bases. And finally—finally—they sue John Fothergill, the Tulsa County Treasurer, because he might have a claim to the property for unpaid property taxes. So yes, the Association is suing the government just in case the government also wants a piece of this 66th Street condo. This isn’t just a lawsuit. It’s a legal bouquet—a little bit of everyone, just to be safe.

Now, what do they actually want? Money, obviously. $1,473.20 as of December 10, 2024. But also: more money. Future assessments. Late fees. Attorney fees. Court costs. Interest. They want a personal judgment against Brandon—meaning they can come after his bank account, his wages, his vintage record collection, whatever. And they want a judgment in rem, which is a fancy way of saying they want to foreclose on the condo itself. They want the court to say, “This lien is valid,” and then sell the unit at auction to pay off the debt. And if there’s any money left over? It goes to the court, to be fought over by whoever else claims a stake. It’s like a real estate rumble, and the prize is $1,473 and a one-bedroom condo in Tulsa.

Is $1,473 a lot? Honestly? In the grand scheme of real estate debt? It’s nothing. It’s less than a down payment on a used fridge. It’s two months of Netflix and DoorDash. For a condo association to go through the time, effort, and legal fees to file a foreclosure action over this amount is… wild. The attorney fees alone probably cost more than the debt. But maybe that’s not the point. Maybe this isn’t about the money. Maybe it’s about the principle. Maybe the Association is sending a message: We are not a suggestion box. We are a governing body with teeth. And if you don’t pay your dues, we will summon your hypothetical spouse and the county treasurer and drag your unit to auction over a sum that wouldn’t even cover the closing costs.

Our take? We’re equal parts horrified and impressed. This is the legal equivalent of using a flamethrower to light a birthday candle. The sheer audacity of suing the county treasurer because he might have a tax lien? Iconic. The inclusion of “Jane Doe, if married”? A masterpiece of legal overreach. And the idea that you can be sued for money you might owe in the future? That’s not civil law—that’s Minority Report. But here’s the real tea: if the Association wins and sells the condo, they’ll have to pay off any superior claims—like property taxes—first. So if the county does have a lien, they get paid before the HOA. Which means the Association might spend thousands in legal fees… only to get nothing. All for $1,473.

So who are we rooting for? Honestly? We’re rooting for the occupant(s). Whoever they are. Maybe it’s Brandon. Maybe it’s Jane (if she exists). Maybe it’s a raccoon who’s been living in the walls since 2019. Whoever they are, they’re caught in a legal tornado over less than $1,500. And if this case teaches us anything, it’s this: in America, no debt is too small for a full-scale legal war. Pay your HOA dues, folks. Or at least keep your hypothetical spouse on speed dial.

Case Overview

Petition

Jurisdiction

District Court of Tulsa County, Oklahoma

Filing Attorney

Lindsey E. Kaiser

RHODES HIERONYMUS, PLLC

Relief Sought

$1,473 Monetary

Injunctive Relief

Declaratory Relief

Plaintiffs

The Willows Condominium Owners Association business
Rep: Lindsey E. Kaiser, OBA #33434

Defendants

Brandon L. McQuary individual
Jane Doe, Spouse of Brandon L. McQuary, If Married individual
Occupant(s) of Premises at 1908 E. 66th Pl., Unit 208-D, Tulsa, OK individual
John Fothergill, County Treasurer for Tulsa County, Oklahoma government

Claims

#	Cause of Action	Description
1	Foreclosure of Owners Association Lien	Plaintiff seeks to foreclose on a lien against Defendant's condominium unit for unpaid assessments and fees.

Petition Text

1,775 words

IN AND FOR THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA THE WILLOWS CONDOMINIUMS OWNERS ASSOCIATION, vs. BRANDON L. MCQUARY; JANE DOE, SPOUSE OF BRANDON L. MCQUARY, IF MARRIED; OCCUPANT(S) OF PREMISES AT 1908 E. 66TH PL., UNIT 208-D, TULSA, OKLAHOMA; JOHN FOTHERGILL, COUNTY TREASURER FOR TULSA COUNTY, OKLAHOMA; Plaintiff, Defendants. PETITION FOR FORECLOSURE OF OWNERS ASSOCIATION LIEN COMES NOW the Plaintiff, The Willows Condominium Owners Association (Plaintiff), and for its cause of action against the Defendant(s) herein alleges and states as follows: 1. That Plaintiff is an Oklahoma non-profit corporation with its principal place of business in Tulsa, Tulsa County, Oklahoma; 2. That Plaintiff did timely file its Declaration for Willows Condominiums and Bylaws of The Willows Condominium Owners Association A Non-Profit Corporation (Governing Documents) filed in the Office of the County Clerk of Tulsa County, Oklahoma on March 4, 1983, in Book 4673, Page 437, as the same have been amended of record from time to time thereafter, the same being hereby incorporated by reference and made a part hereof as if fully set forth hereafter; 3. That the Defendant Brandon L. McQuary (Defendant McQuary) is the record owner of the parcel of unit ownership estate that is the subject matter of this action, the same being legally described as follows: Unit 208, Building D, and an undivided interest in and to the Common Elements appurtenant thereto, in THE WILLOWS CONDOMINIUMS, according to the Declaration Creating Unit Ownership Estate for The Willows Condominiums, dated March 4, 1983, and recorded in Book 4673 at Page 437, as corrected and amended from time to time thereafter, in office of the County Clerk of Tulsa County, Oklahoma, a/k/a 1908 E. 66th Pl., Unit 208-D, Tulsa, OK ("the Subject Property"); 4. That pursuant to the terms of the Governing Documents, Defendant McQuary did become indebted to Plaintiff for assessments, both regular and special, for common expenses incurred by Plaintiff in the maintenance, repairs and improvements made to the property known as Willows Condominiums; 5. That Defendant McQuary failed and refused to pay the owner's assessments and other charges levied against the Subject Property as the same came due, and there is currently owing on said account a balance of $1,473.20 as of December 10, 2024, together with additional assessments, both regular and special, that may come due and remain owing each month during the pendency of this action, including special assessments for attorney fees and legal costs incurred by the Plaintiff during the prosecution of this action as authorized by the Governing Documents, together with late fees and finance charges accruing each month said assessments remain unpaid, said additional regular and special assessments and other charges commencing to be due and owing on December 10, 2024; 6. That pursuant to Title 60 O.S.A. §501, et seq, and the Governing Documents, Plaintiff filed its assessment lien against the Subject Property for past due assessments chargeable against Defendant McQuary, said lien being recorded in the office of the County Clerk for Tulsa County, Oklahoma, on May 20, 2024, as Document No. 2024. A copy of said lien is attached hereto as Exhibit "A" and made a part hereof by reference; 7. That the Defendant Jane Doe, Spouse of Brandon L. McQuary, If Married, may claim some right, title, lien, estate, encumbrance, claim, assessment, or interest in and to the Subject Property. Plaintiff states, however, that any such right, title or interest claimed by Defendant Jane Doe is subordinate and inferior to the liens of Plaintiff, and Plaintiff prays to the Court that Defendant Jane Doe be summoned in this case and be required to set up in this suit any right, title or interest said Defendant may have, or claim to have, in and to the Subject Property, or be forever barred from claiming any such right, title or interest in and to the Subject Property; 8. That the Defendant, Occupant(s) of the Premises at 1908 E. 66th Pl., Unit 208-D, Tulsa, OK ("Defendant Occupants"), may claim some right, title, lien, estate, encumbrance, claim assessment or interest in and to the Subject Property for and on account of such occupancy or tenancy, but that any such right, title or interest claimed by said Defendant Occupants is subordinate and inferior to the liens of Plaintiff, and Plaintiff prays to the Court that said Defendant Occupants be summoned in this case and made to establish in this suit any right, title or interest they may claim, or have the right to claim, in and to the Subject Property, or be forever barred from claiming any such right, title or interest in and to the Subject Property; 9. That Defendant John Fothergill, County Treasurer for Tulsa County, Oklahoma, may claim some right, title, lien, estate, encumbrance, claim assessment or interest in and to Subject Property for and on account of delinquent ad valorem taxes assessed against Subject Property, and Plaintiff acknowledges that any such delinquent taxes are by law superior to Plaintiff's lien sued upon herein, and that said Defendant should be summoned in this case and made to establish in this suit any right, title or interest it may claim, or have the right to claim, in and to Subject Property, or be forever barred from claiming any such right, title or interest; 10. That Plaintiff has performed all conditions precedent to the filing of this Petition for Foreclosure of Owners Association Lien, and is entitled to the relief requested herein. 11. THIS IS AN ATTEMPT TO COLLECT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C.A. Sec. 1692, unless the person or entity responsible for the payment of the above debt, within thirty (30) days after service of this pleading, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid. If such person or entity notifies the undersigned attorney for the creditor in writing within said thirty (30) day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for the creditor; and upon written request by you within the thirty (30) day period, the undersigned attorney for the creditor will provide the name and address of the original creditor, if different from the current creditor. WHEREFORE, premises considered, Plaintiff prays for judgment *in personam* of and from Defendant Brandon L. McQuary in the present amount of $1,473.20, said amount representing past due assessments, both regular and special, and other charges owing to Plaintiff by Defendant McQuary through December 10, 2024, and for further judgment *in personam* for such additional amounts representing future assessments, both regular and special, that come due and owing and remain unpaid from and after December 10, 2024, during the pendency of this action, together with late fees, finance charges and Plaintiff’s reasonable attorney fees and court costs incurred in the prosecution of this action, with interest on all thereof as allowed by law until said judgment is paid in full; for judgment *in rem* of and from all Defendants, and each of them, adjudging the liens of Plaintiff asserted herein to be valid and subsisting liens against the Subject Property in the amounts prayed for hereunder, and ordering that the liens be foreclosed and the Subject Property sold, with appraisement, according to law, and the proceeds of said sale to be applied first to the payment of the judgment of Plaintiff entered herein, and the balance of said proceeds, if any, to be paid into the Court to abide by the further order of the Court. Plaintiff further prays that upon confirmation of the sale of the Subject Property, the Defendants herein, and each of them, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in and to the Subject Property, and for such other and further relief as this Court may deem equitable and necessary in the premises. THE WILLOWS CONDOMINIUM OWNERS ASSOCIATION By: ____________________________ Lindsey E. Kaiser, OBA #33434 RHODES HIERONYMUS, PLLC P.O. Box 21100 Tulsa, OK 74121-1100 Telephone: (918) 582-1173 [email protected] Attorney for Plaintiff Willows VERIFICATION I, Lindsey E. Kaiser, being first duly sworn upon oath, depose and state that I am the attorney of record for the Plaintiff, The Willows Condominium Owners Association, in the above entitled action, and that I prepared the above and foregoing Petition to Foreclose Association Lien and I am familiar with the facts and contents alleged and set forth therein, and that to the best of my knowledge and belief, the matters and things set forth therein are true and correct. Lindsey E. Kaiser, OBA #33434 Subscribed and sworn to before me on this 27 day of December, 2024. Notary Public CONDOMINIUM OWNERS ASSOCIATION LIEN KNOW ALL MEN BY THESE PRESENTS that The Willows Condominiums Owners Association, an Oklahoma corporation, (hereafter "Willows"), has a claim pursuant to Oklahoma Statutes Title 60 §524 against Brandon L. McQuary (hereafter "Owner") in the amount of $1,240.73 as of May 6, 2024, for and on account of past due homeowner's assessments owed to Willows by Owner, and that such assessments are due and owing pursuant to the provisions of the Declarations and By-Laws of Willows, said documents being filed in the office of the County Clerk of Tulsa County, Oklahoma, as the same have been amended, corrected and refiled from time to time, said unit ownership estate being described as follows: Unit 208, Building D, and an undivided interest in and to the Common Elements appurtenant thereto, in THE WILLOWS CONDOMINIUMS, according to the Declaration Creating Unit Ownership Estate for The Willows Condominiums, dated March 4, 1983, and recorded in Book 4673 at Page 437, as corrected and amended from time to time thereafter, in office of the County Clerk of Tulsa County, Oklahoma, a/k/a 1908 E. 66th Pl., Unit 208-D, Tulsa, OK. That Willows claims a lien upon the above-described unit ownership estate for past due assessments now owing as set forth above, and for future assessments as may become due and remain unpaid in the future, said lien claimed pursuant to Title 60 O.S.A. §524 et seq. Dated this 16th day of May, 2024. THE WILLOWS CONDOMINIUMS OWNERS ASSOCIATION By: [signature] Curtis W. Kaiser, Attorney-in-Fact Under Power of Attorney Filed 12/08/92 in Book 5459, Page 2081 ACKNOWLEDGMENT Before me, the undersigned notary public in and for said county and state, on this 16th day of May, 2024, personally appeared Curtis W. Kaiser, Attorney-in-Fact for The Willows Condominiums Owners Association, an Oklahoma non-profit corporation, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same on behalf of said corporation as his free and voluntary act and deed for the uses and purposes therein set forth. Notary Public