Why the BTMA wants you to hand over your proxy

WHY BURNING TREE MASTER ASSOCIATION BOARD WANTS YOU TO HAND OVER YOUR PROXY TO THEM

Handing over your proxy  means the BTMA  can continue to avoid giving an account to anyone for where money they collect is spent. 



Why do they want to use your proxy to ratify an amendment?  The Burning Tree Master Association wants to use your proxy to secure your vote  for ratification of an amendment that they claim was voted on in the 1980s. This would forever do away with talk about audits by having a simple "review"  which will keep you and everyone else in the dark about how they are blowing money on whatever they want (and when they want) as they have for years--swim suits, a $14,000.00 pool slide, parties you know nothing about, etc. Click on that link to see more. 



Claim made that a document was found
Wendy Berezkowski, a past president claims that a document was found recently in the pool’s attic that dates back to 1981 (31 years ago) that changed the by-laws requirement for an audit to be performed every year to a financial review every year.


Failure to produce document
Wendy never produced the document last year,  yet we are expected to believe that by some miracle  the only surviving document that withstood the elements for over 30 years in an attic*  was this  very document containing this exact amendment they need!!  (*Every other important document that we have asked for, just happened to be in that same attic  and "was destroyed" due to the   elements of an attic, extreme heat and cold and being so close to the pool created mold....or so we have been told.  Having a piece of paper survive 31 years in the elements of an attic, extreme heat and cold is unlikely. Also keep in mind there are ways of dating the actual document. Modern printers were not available back then. The state of the art was dot matrix printers or type writers. Ink would fade, blues become lighter, black becomes brown, edges would lose their sharpness. and most importantly NO ONE KNEW ABOUT THIS until Eddie McGovern and others pressed the Master to see the financial records.)


                                                    ~~~  
Requirement for audit is ignored by the Burning Tree Master Association
The Burning Tree Master Association board has always completely ignored the section of the by-laws  which states they must have an audit. They have never been forced to be accountable to anyone. Now they are trying to cover themselves  by saying they will just ratifiy an amendment although they do not have documentation to prove this amendment was ever voted on. 

When was the vote? Where is the documentation? What was a letter mailed out to homeowners telling them of the vote, the sign in sheets and proxies, the minutes showing who all was there to vote, along with all other supporting documents.     No minutes, no voting documentation, no proxies, nothing.  Never a motion or second, no meeting minutes, and NO VOTE!
                                                        ~~~ 

75% of a quorum is required to get a by-laws amendment passed.
Article XIV  of  BTMA by-laws  states: "These bylaws may be amended, at a regular or special meeting of the members, by a vote of a seventy-five percent (75%) majority of a quorum of members present in person or by proxy." 

There was never a vote of a seventy-five percent (75%) majority of a quorum of members present in person or by proxy.   

                                                        ~~~

If it was never voted on  why would they try to ratify it?Burning Tree Master Association board wants your proxy to ratify something that was never even voted on so that people will quit bugging them about having an audit to show  where money has gone.


                                                          ~~~  
 Burning Tree Master Association board members need to remember that even if they take a legitimate vote it cannot be retroactive. The BTMA board is still accountable for  audits for every year up the  time a vote is taken!


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Burning Tree Master Association BOARD CAN BE FORCED TO FOLLOW THEIR BY-LAWS
Anyone can take the BTMA to court to force the BTMA to follow their by-laws. Oklahoma statutes provide in § 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws: Any shareholder, member or director may bring an action to interpret, apply or enforce the provisions of the certificate of incorporation or the bylaws of a domestic corporation in the district court. 


 

It isn't wise to hand them your proxy! None of us will never know where our money has gone if they get your proxy to vote it as they wish.