Covenants for three of the subdivisions in the Burning Tree Area
Covenants for Burning Tree Plaza, Burning Tree West and Burning Tree East all state:
K (c) Membership in Home Owners’ Association Maintenance assessments by
Burning Tree Owner’s Association or Burning Tree Master Association, Inc,
shall be a lien on the lot assessed, but shall be sub-ordinate to any first mortgage
made in good faith and for value.
Thus, Burning Tree Plaza, Burning Tree West and Burning Tree East can be liened by Burning Tree Owner’s Association or Burning Tree Master Association.
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Covenants for Burning Tree One and Burning Tree South are different from the other three subdivisions!
Read the following carefully and you will see that unlike in the covenants for the three subdivisions above Burning Tree Master Association cannot legally lien or assess homeowners in the following two subdivisions:
- Burning Tree South – (See H (c), (d), (e) Also, note that in H (c) the last sentence shows there WAS to be a clubhouse built in the Burning Tree South subdivision.
- Burning Tree One – M (a), M (b), M (c) Note also that in M (a) in the last sentence it shows there was to be a clubhouse built in the Burning Tree One subdivision.
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CONSTRUCTIVE NOTICE
The above was the constructive notice homeowners in Burning Tree South and Burning Tree One/Two had when they bought
their lot that they only had to pay assessments for ACTUAL repair, upkeep and
maintenance for facilities and land in their own subdivision. The covenant is
the “agreement” (or “contract”) made when the lot was purchased by the lot
owner.
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Since the land had been deeded away and there were no facilities and no place to build them then it is clear that Burning Tree South and Burning Tree One/Two should not be assessed by anyone! Since homeowners have been assessed and liened where is the merger?
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If there is no merger then by what authority have they been assessing homeowners in Burnig Tree One and Burning Tree South? Has there been a violation of the covenants and if so what can be done?
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Well, there it is in a legal document- 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.
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