Not assessing all when the covenants spell out which lots and blocks are part of Burning Tree

Burning Tree South and  Burning Tree One/Two are not part of the BTMA, according to the covenants.

However,  Burning Tree West, Burning Tree Plaza and parts of Burning Tree East are part (including any apartments and duplexes in those areas), when it comes to assessments. Burning Tree Master Association board may be required to assess the apartments and duplexes, in those areas, "based on their own by-laws" yet they have failed to do so.  However, according to the covenants only Plaza is shown to be a member.

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Why does Burning Tree Master Association not assess duplex and apartments yet they come after homeowners in Burning Tree One and Burning Tree South who are not a part? Further, the BTMA Articles of Incorporation and their by-laws state that it is the HOA, not the homeowners who are the members, yet they keep assessing homeowners!
The Burning Tree Master Association board  claims that their "by-laws require them to assess all and to  put liens on" forgetting, however that would mean that they must assess all the duplexes and the apartments in  Burning Tree West and Burning Tree East that are listed in the Certificate of Dedication. 

The BTMA is picking and choosing 

1. who to target . Click here to see who isn't even assessed by Burning Tree Master Assn and then ask the BTMA why..
2. which by-laws to  follow. They ignore the by-law regarding an audit and the one about charging those who actually use the facilities .They demand that everyone  pay them a HUGE assessment so certain ones can bring in their adult children and grandkids....all subsidized by all homeowners!  

Article IV  of the by-laws states that it is supposed to be for those who "reside on the property" . So why must other homeowners subsidize others grandkids and adult children?  Wendy Berezowski posted that she brings in 9 people and there are only 3 living in her home!  Vicki Crosse brings in 14, according to her post.


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DISTRIBUTION OF MONEY TO MEMBERS OF THE CORPORATION
See Article XII of the bylaws: ALLOCATION OF INCOME AND EXPENSES 1(b)  How does the BTMA plan to give that to members? (Oh, could BTMA by-laws be wrong about who the MEMBER is?)
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 Is the BTMA aware of Oklahoma Statute that provides § 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws  Any  MEMBER may bring an action in the district court to  enforce the  bylaws .   (Again, could BTMA by-laws be wrong about who the MEMBER is?)

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BTMA must be prepared and  know for sure which area has the apartments so they can ascertain that they have a quorum with the apartments included, before voting.  

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ON ANY VOTE A QUORUM IS REQUIRED.

QUESTION for BTMA Monday night regarding the areas of BTE, BTW and BTP:


Do they have a true quorum in person or by proxy, based on all lot owners, which  must include the duplexes and any apartments in that percentage. (Burning Tree Master Association board  will try to tell you that they had an amendment and removed the apartments and duplexes.)  

 BTMA continues to assert that there was an amendment to remove apartments and duplexes.   

However, Tulsa County Assessor does not show an amendment has been made to any of the covenants to remove the apartments and duplexes.   An amendment could not be made to the BTMA by-laws to remove the apartments and duplexes because the agreement that lists which lots are included is found, not in their by-laws but  in Certificate of Dedication of Burning Tree West, Burning Tree East and Burning Tree One. In order to exclude the apartments and duplexes Burning Tree West, Burning Tree East and Burning Tree One would each have get a majority of the homeowners to sign to remove the apartments and duplexes in their area and then file it with the county clerk.


Tulsa County assures us that there have been no documents filed for any of those areas to remove any lots that are listed in the Certificate of Dedication!  

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