Burning Tree Tulsa

Friday, September 14, 2012

WHAT IS THIS VOTE ABOUT ON SEPT 24?

A vote is going to be taken on September 24, 2012 regarding amending the by-laws to allow e-mail voting.

Nobody seems to know for sure who it is that we might be agreeing to allow to vote via e-mail. Is it the board or is it the members?

Julie told those attending the meeting that if it is changed that a vote could be taken without having to have a special meeting.

Every single lot owner should have been given the exact language of the proposed by-law change to allow everyone time to study it. The wording is critical. We need specifics. Exactly which by-law will it amend? Why did they let everyone know in the newsletter about this beforehand so lot owners who were not able to attend could have some input when they handed their proxy over? And speaking of proxies why did they make it a general proxy?

If the board is allowed to sit back and "have meetings" via e-mail we'll never know what they are doing, even worse than it is today! It will be a way to keep you in the dark.

If it is to allow members to vote, many do not check their e-mail often; some don't even have computers.

TAKE A STAND FOR WHAT IS RIGHT! DO NOT ALLOW THE BURNING TREE MASTER ASSOCIATION BOARD THE OPPORTUNITY TO USE YOUR PROXY AGAINST YOU! THIS WILL HAPPEN IF YOU TO GIVE THEM YOUR PROXY! Plus career board members will stay on doing things the same old way.

Saturday, September 8, 2012

Questions to ask the Burning Tree Master Association Board of Directors.

POINTS TO PONDER

Click on the links to read more.

The corporations are separate from each other and from Burning Tree Master Association. The Secy of State says the corporations are not associated/tied together. (They each have their own Articles of Inc filed.)
Wendy Berezowski, former BTMA president posted that there was no merger to tie them together and there are no documents tying them together
Janie Lyon posted that there was no merger. She stated that she and Larry Lyon worked hard when they were setting it up and she didn't see any reason to keep the corporations accounts separate.
Frank Spiegelberg, who was President of the BTMA for several years and was an attorney, sent a letter that many homeowners are in possession of, that it is NOT the homeowners who are the members of the BTMA.
Only the owners association (subdivision) has the legal right to assess/lien homeowners (NOT THE BTMA) and then the subdivisions association can only for ACTUAL repair, upkeep and maintenance of the facilities and land owned by the subdivision. The covenants are very clear on what can happen to anyone who violates or attempts to violate the covenants.
Burning Tree Master Association’s Articles of Incorporation(Article VI) and the By-laws in Article III MEMBERSHIP both state that the members are the Burning Tree Area Owners Association -NOT THE HOMEOWNERS!!!
Claudia Nelson who was the VP resigned when the other board members refused to do things correctly.
ARTICLE XII ALLOCATION OF INCOME AND EXPENSES states the corporation was to apply all revenue from whatever sources derived and since it was not used then it was to be distributed to members of the corporation in a reasonable manner. (We will find out from the financial records how much was still in the bank account at the end of each fiscal year in the past as MEMBERS should be given that money!) So now that it is time to divvy up the surplus from all years past ais the BTMA board still maintaining that homeowners are the members??
If the BTMA Board (while still claiming that homeowners are members) ignores the above mentioned ARTICLE XII like they ignored Joe Nappo's original request to see the records ) here is an OKLAHOMA STATUTE of which the BTMA needs to be aware:§ 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws: Any member may bring an action in the district court. to interpret, apply or enforce the provisions of the bylaws
"The corporation shall apply all its revenue from whatever sources derived to the payment of its operating expenses" ARTICLE XII ALLOCATION OF INCOME AND EXPENSES in the by-laws states would include THE CONCESSION MONEY THAT WAS TAKEN BY AN OFFICER! Has the BTMA made any attempt to have her return the money? Do you have supporting documents showing where homeowners were allowed to vote on changing this by-law to allow her to take the money?
Where are the audits? the by-laws states that there is to be an annual audit - Bylaws Article IX Treasurer (d) The treasurer shall keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year and X 2. There shall be an annual audit of the books and records of the corporation by an independent public accountant and a copy thereof shall be sent to each member within thirty (30) day after completion thereof.
Did the BTMA board send out letters to everyone --meaning the duplexes and apartment owners--to allow them their vote on Monday night? Read Voting rights
The BTMA had better allow all lot owners mentioned in the covenants for East, West, One, to vote. They MUST send out letters to all of owners.... duplex and apt owners are lot owners.(Look at the covenants and check those lots against the Tulsa County Assessors site and you will see they are in Burning Tree. The duplexes and apartments were not removed by a vote of the people in the subdivision or there would be a written instrument filed at the Tulsa county to amend the Certificate of Dedication (Covenants). The BTMA board needs to learn Oklahoma statutes and see that they cannot discriminate and leave out some just because they decide to! Read: Not assessing all when the covenants spell out whi...
The Certificate of Dedication for Burning Tree One and Burning Tree South are written differently from the other three subdivisions (BT West, East and Plaza) which were written where they can be assessed or liened by Burning Tree Master Assn, but BTS and BTO cannot be assessed or liened legally! Read Confusion over BTMA Authority
The BTMA board continues to assert that Joe Nappo and all of Burning Tree South is a MEMBER of the BTMA. (As long as the BTMA continues to claim that Mr. Nappo is a member Mr.Nappo has the legal right to see the books and records and audits to see where every dime was spent. Mr. Nappo had requested them (via certified mail, return receipt requested)yet, the BTMA board refused as they had so many other homeowners. Mr. Nappo took the next step: § 1065. Inspection of Books and Records C. 1. If the corporation or an officer refuses to permit an inspection or does not reply to the demand within five (5) business days after the demand has been made, the shareholder may apply to the district court for an order to compel an inspection.
The BTMA can be taken to court to enforce by-laws be followed (which would include getting audits to make BTMA board members, past and present accountable) to show where money --including the concession money from past years!) was spent? § 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws Any member may bring an action in the district court. to interpret, apply or enforce the provisions of the bylaws
Why have bonuses been paid to lifeguards when this is going on: Nonsense going on at the pool and your assessments pay for it?
Do you do background checks on lifeguard applicants? Pool manager?
How do you advertise for the pool manager and lifeguard job to make sure there is no discrimination? We need to see copies of the ad.
Why is the BTMA buying expensive D&O insurance when ARTICLE VIII (f) of by-laws only allow for bonding? Do you know the difference between bonding and D&O insurance? (How much is it? It is paid in April.)
Is the D&O insurance going to pay for an attorney now that the BTMA refused to produce the records: Summons of lawsuit filed by Joe Nappo to force BTMA to produce records
How much is the BTMA charging Associate Members to use the tennis courts or is this included in the absurdly low price of $140 for a whole season at the pool? (Do the math: If they onlypay $140 for a whole season how much is that per day for them to swim and play tennis all day?)

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THE FOLLOWING IS VERY IMPORTANT (READ CAREFULLY)
Burning Tree One and Burning Tree South covenants do not give the BTMA any authority to assess or lien. The easement that those Burning Tree One and Burning Tree South were given to use the BTMA facilities are just that--an easement. Read: Easement (Those using the BTMA facilities should be charged if they use them! (BTMA's by-laws say they should be charged a fee when they use it. But the BTMA has never had the right to assess in order to subsidize those who use them.).

Owners have always had an easement to use the pool as long as we follow their rules and regulations (i.e. no thongs, cutoffs, no glass bottles etc) The BTMA has caused an incredible hardship on numerous people by forcing all homeowers unlawfully and under threats to pay them money so the pool is subsidized for those who care to use it. They have ignored their own by-laws which state:

ARTICLE IV PROPERTY RIGHTS(2)The right of the Association to charge reasonable admission and other fees for the use of any common facilities situated upon the common areas;
ARTICLE VIII POWERS AND DUTIES OF THE BOARD OF DIRECTORS(b) determine a reasonable admission fee or charge for the use of recreational facilities situated upon the common area;
ARTICLE IV PROPERTY RIGHTS Each owner shall be entitled to the use and enjoyment of the facilities and the owner may delegate his rights to members of his family, his tenants or contract purchasers who reside on the property. Each member shall notify the secretary of the corporation in writing of the name of anyone they gave away those rights to. Homeowners, who do not use the pool and those homeowners in Burning Tree South and Burning Tree One who have been unlawfully assessed have been subsidizing Associate members and babysitters.(They do not charge babysitters!!) Guest passes can be as low as $3 for the entire day! Do the math how much is that per hour? Read this post: Associate memberships and how you are subsidizing them.

For more information go here: burningtreetulsa.blogspot.com

Friday, September 7, 2012

What has Joe Nappo done now?

After receiving still another threat from the Burning Tree Master Association board of directors that if he did not pay them money they would lien his property.

Joe Nappo had requested to see the BTMA records to prove their authority to demand money from him. He did this by sending a certified letter to the BTMA at the address of the Registered Agent, Dennis Phillips.

Burning Tree Master Association By-laws states in Article ARTICLE X BOOKS AND RECORDS AND RECORDS 1. The books, records and papers of the corporation shall at all times during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles and these bylaws shall be available for inspection by any member at the principal office of the corporation, where copies may be purchased at
reasonable cost.

The BTMA board of directors simply ignored Mr. Nappo as they have all others before him who have, over the years, asked to see the records.

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Oklahoma Statues provide for a way to help the BTMA understand that they must follow their by-laws:

§ 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws Any member may bring an action to interpret, apply or enforce the provisions of the bylaws in the district court. (It appears that as long as the BTMA continues to claim that Mr. NAppo is a member the BTMA will have to comply.)
§ 1065. Inspection of Books and Records C. 1. If the corporation or an officer refuses to permit an inspection or does not reply to the demand within five (5) business days after the demand has been made, the shareholder may apply to the district court for an order to compel an inspection.( Again, it appears that as long as the BTMA continues to claim that Mr. Nappo is a member they will have to comply.)

But wait a minute...... Is Joe Nappo actually a member?

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You may wish to see the documents that were filed:

Covenants, Articles of Incorporation, By-Laws, Reviews

Covenants (Certificate of Dedication)

Plaza
West
East
One
South
Notice that the BTMA has no covenants?

Articles of Incorporation

By-Laws

BTMA
East
BT One
Why didn't the BTMA add Burning Tree Southto their page?

CORPORATIONS (All separate from each other)-

Burning Tree Master Association, Inc. 2100288651
Burning Tree Area South/Burning Tree Area #4 Association, Inc. 2100328906
Burning Tree Area East/Burning Tree Area #5 Association, Inc. 2100348799 (Burning Tree Area #6 has never been incorporated for the lots in that area of Burning Tree East).
Burning Tree Area West and Plaza/Burning Tree Area #7 Association, Inc. 2100347190
Burning Tree Area One/Burning Tree Area I Association, Inc. 2100309967 and Burning Tree Area #2 Association, Inc. 2100347247

Financial Review (Where is 2011.) Do these look complete to you?

Thursday, September 6, 2012

Click on these to read the comments that have been made.

CLICK ON LINKS BELOW TO READ COMMENTS THAT HAVE BEEN MADE!

A homeless person can be a director on the BTMA board?

Were you aware that a director need not even be a member of the corporation? That is right, according to VII of the Articles of Incorporation (BTMA)

You do not have to own a house or live in the area to be a director. The guy who has a ranch out in western Oklahoma or the woman who is homeless.

Someone from Burning Tree South getting on the BTMA board does not represent the Burning Tree South homeowners.They represent themselves.

They can go outside of their "family" (i.e. subdivision. It is their own free will and at their own peril, but they do not represent the homeowners of Burning Tree South subdivision!

Burning Tree Master Association is NOT an HOA. It is simply a corporation. Check out what they filed with the Secretary of State.

Take away point: Anyone has the right to support any organization they want, including the BTMA, but it does not mean they are speaking for the Burning Tree South homeowners. If you want to be involved with the BTMA it is your right. They do NOT replace the directors of Burning Tree Area #4.

Wednesday, September 5, 2012

Burning Tree South- read for yourself what the covenants state!

Burning Tree South Certificate of Dedication (Covenants) is where the “constructive notice” has been found on file with Tulsa County since 1976. Click on the blue colored links and you can see for yourself:

in H (c), (d), (e) it states that by accepting the deed (purchasing a lot) the homeowner becomes of member of Burning Tree Area #4 Owners Association Inc.
the last sentence in H (c) shows there was to be a clubhouse built in the Burning Tree South subdivision. This promised clubhouse could never be built since according to the Tulsa County Assessor all land was quietly deeded away by the developer in Feb 1977, before any homes were built. Burning Tree Area #4 Association did not own any land when Burning Tree Area #4 Association was formed.

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Burning Tree Area #4 Association was to be formed only for the purpose of maintaining the two lots in Burning Tree South.
The Burning Tree South Certificate of Dedication states in 1 (c) that the purpose for which Burning Tree Area #4 Association would be formed was for maintaining the two lots in Burning Tree South. However, this was the exact property that was deeded away in Feb 1977, thereby giving all parties constructive notice.

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EVERYTHING CHANGED WHEN THE LAND WAS DEEDED AWAY BEFORE ANY HOMES WERE EVEN BUILT

There was land when Burning Tree South Certificate of Dedication (Covenants) were filed in August 25, 1976 and that would have allowed Burning tree Area #4 to be formed. However, once the land was deeded away in Feb 1977 it changed everything!

By virtue of Constructive notice all homeowners purchasing lots were aware that Burning Tree Area #4 could not be formed since the land was deeded away in February 1977.
However, Larry S. Lyon, Edward B. Wardell, James W. Collins, Raymond A Hall, Frank D. Spiegelberg, O. Roger Spencer, James R. Parkhurst and Bruce P. Hunter who had the same constructive notice filed with the Oklahoma Secretary of State to form Burning Tree Area #4 Association when, almost two years later, on December 1, 1978! (The Articles of Incorporation is on file with the Oklahoma Secretary of State).

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HOMEOWNERS HAD CONSTRUCTIVE NOTICE BEFORE THEY PURCHASED THEIR LOT THAT THE LAND WAS DEEDED AWAY WHICH REMOVED THE REASON BURNING TREE AREA #4 OWNERS ASSOCIATION WAS TO BE FORMED Burning Tree South covenants H (c), (d), (e)

HOW DID THEY REACT WHEN THEY FOUND OUT? Burning Tree South homeowners were shocked when they found out what these men had done

There are numerous letters in file from upset homeowners who knew it wasn't right.
Many homeowners along with the Secretary of Burning Tree Area #4 are in possession of the letter that Frank Spiegelberg wrote stating that the homeowners are NOT the members of Burning Tree Master Association.

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HOMEOWNERS ASSOCIATION IS NOT REQUIRED AS COVENANTS RUN WITH THE LAND AND ARE STILL VALID WITHOUT AN HOA

Covenants run with the land and do not require a homeowners association. In other words, not having a HOA does alleviate homeowners from ignoring the covenants which state a garage cannot be converted into a room, that only one structure is allowed per lot, no chickens are allowed, etc. What can happen to anyone including the BTMA board who violates the covenants!

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THERE ARE NO DUES FOR BURNING TREE SOUTH HOMEOWNERS
Nowhere does the Certificate of Dedication state that Burning Tree South lot owners become part of Burning Tree Master Association. Homeowners in Burning Tree South are not part of the Burning Tree Master Association and do not owe dues/assessments to The Burning Tree Master Association. There have been no mergers with any other corporation. (This can be confirmed with the Secretary of State.) Thus, no one has any legal right to claim they are assessing HOA dues for Burning Tree South homeowners.

Burning Tree South Homeowners were shocked when they found out Burning Tree Area # 4 was formed

Homeowners in Burning Tree South received a letter after the Burning Tree Area #4 Owners Association was filed with the Secretary of State. The letter* said “Were you shocked and surprised to learn that YOU belong to a homeowners association? Were you equally shocked at being assessed for expenses for this homeowners association? If you were shocked or if you were aware of these developments, you should be interested in attending the first post-incorporation meeting of Burning Tree Area #4 Association, Inc. to be held at 7:00 p.m. in the Union High School, Choir Room on February 6, 1979.
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OF COURSE HOMEOWNERS WERE SHOCKED WHEN AN HOA WAS FORMED!

The original homeowners knew this was just plain wrong as there was nothing to maintain-- no land, no facilities and no place to build the promised clubhouse that was to be maintained with assessments. All homeowners had constructive notice that the land was deeded away in Feb 1977, before any homes were built. No longer having land to maintain meant there was no reason to form an HOA in Burning Tree South.

It appears that those who formed it knew they shouldn't have....Why else did they send out a letter asking if all the homeowners were shocked and surprised that they had done this when clearly they knew there was no land....Those who formed the Burning Tree Area #4 owners association had constructive notice just like everyone else!! The land was the only reason the covenants allowed the Burning Tree Area #4 owners association to be formed!

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*The secretary of Burning Tree Area #4 has copies of this "Shocked and surprised" letter, as do several homeowners who received them from the original owners, when they bought their homes.

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A number of letters came in response to this surprise move, from homeowners who were upset that this was done, when they knew it never should have been, according to what was on file at Tulsa County!

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WHY DID THEY FORM AN HOA WHEN Oklahoma statutes are very specific about the purpose of a homeowners association:

An “owners association” may be formed by the owner or owners of real estate development for the purpose of:

1. providing management, maintenance, preservation and control of commonly owned areas* or any portion of or interest in them, (* Burning Tree South has no common areas. The developer deeded all common areas in Burning Tree South to the Master Association in 1977, according to Tulsa County.

and/or

2. enforcing** all mutual, common or reciprocal interests in or restrictions upon all or portions of such separately owned lots, parcels, or areas, or both. (**The Covenants that were filed in 1976, do not allow an HOA board of directors to enforce anything. They were written so enforcement is left up to individual homeowner to handle, if they have a problem with their neighbor. It is "every man for himself!")

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The covenants specifically state that the reason the Burning Tree Area #4 Owners Association HOA would be formed was to maintain two lots. However, those two lots had been deeded away from Burning Tree South in February 1977, according to the Tulsa County assessors office. It never should have been formed and since it was filed in Feb 1977 with Tulsa County those who formed it should have done proper due diligence to ascertain that there was land so they could meet the requirements found in the Oklahoma Statutes.

In order to form Burning Tree Area #4 Owners Association:
The law requires that those who form an “owners association” must file an instrument at Tulsa County showing that all homeowners at that time, acknowledged and signed and filed with Tulsa County prior to the forming of a HOA. (They needed a 100% agreement of the residents.) Since the land was removed before the HOA was formed....it no longer met the state requirements to form a mandatory HOA. Tulsa County does not show that any documents were filed in 1978 with homeowners signatures, prior to the FORMATION OF BURNING TREE AREA #4 HOMEOWNERS ASSOCIATION.

Burning Tree Master Association Accomplishments for 2011-2012

The BTMA Board of directors list the following as highlights of what they accomplished in 2011-2012. (Pretty impressive, huh?)

put down mulch in the flower garden Claudia Nelson built last year.

got three lawn mowing bids.

wasted money on reviews, which are not required. Audits are required by their by-laws (And which the court can enforce § 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws).They cannot make it retroactive to avoid audits. However they are making claims that by some miracle the only document that survived in the attic at the pool house was one that gave them permission to amend the by-law. Click to read about their big plan

EXPOSED:
Click to see how your assessment is being spent

Be sure to read the Exposed link above.

If there was no merger by what authority is the BTMA assessing?

Where was a merger* between Burning Tree South and Burning Tree Master Association?

According to the Oklahoma Secretary of State, Burning Tree Area #4 was filed as a separate entity, and not tied to the Burning Tree Master Association in any way. The office has advised that there has never been a merger or consolidation of Burning Tree Master Association with Burning Tree Area #4.

To merge Burning Tree Master Association and Burning Tree Area #4 Owners Association there are Oklahoma Statues that must be followed in addition to the requirements in the Articles of Incorporation of both Burning Tree Area #4 and Burning Tree Master Association.

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WAS THERE EVER A MERGER?

JANIE LYON AND WENDY BEREZOWSKI SAID THERE WAS NO MERGER
See posts by Wendy Berezowski and Janie Lyon) (Janie’s response is in the comments section when you click on her link.)
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LETTER FROM ATTORNEY FRANK SPIEGELBERG, WHO WAS ALSO FOR MANY YEARS THE BTMA PRESIDENT
Several homeowners have a copy of a letter in their possession where then President of the BTMA Frank Spiegelberg stated that homeowners are NOT the members.

Frank was correct. According to both the Articles of Incorporation and the by-laws of Burning Tree Master Association the members were to be the Burning Tree Area Owners Association, not the homeowners.

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THE QUESTION THAT THE BTMA BOARD OF DIRECTORS REFUSES TO ANSWER: By what authority did Burning Tree Master Association ever have to assess/lien homeowners?

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*The same question is asked about Burning Tree One and the BTMA.