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.