Wednesday, September 5, 2012
Shed Survey being done by the Burning Tree Master Association
WHO EXACTLY IS THE HOA?
HOA stands for "Home Owners Association". The HOA are the different subdivisions. Burning Tree Master Association is not an HOA. It has no homes, nor do their Articles of Incorporation claim to be a homeowners association.
WHAT AUTHORITY DOES BURNING TREE MASTER ASSOCIATION HAVE OVER SHEDS?
Burning Tree Master Association does not have (and never has had) any covenants or any authority over the HOA's covenants.The covenants are handled by the owners associations. Burning Tree Master Association authority is over only their pool and the land owned by the BTMA. Thus, has NEVER had any authority over outbuildings.
WHAT RESTRICTS US FROM HAVING OUTBUILDINGS?
The covenant (found in the Certificate/Deed of Dedication for your subdivision) is what restricts your lot to "one structure per lot". The only way sheds can be allowed is by a change to the covenants. Burning Tree Master Association does not have the authority to amend covenants and they should each know that by now (especially those "career board members")!
SO HOW DO WE CHANGE THE COVENANTS TO ALLOW SHEDS?
Covenants can be changed by each subdivision getting a written instrument signed by a majority of the homeowners in that subdivision agreeing to it and and then filing it at the courthouse! Most homeowners do not care whether sheds are allowed or not, as long as it is done correctly (legally). What homeowners do care about is how the Burning Tree Master Association board continues to overstep legal boundaries to get into our business!
QUESTIONS TO ASK BURNING TREE MASTER ASSOCIATION
Since the Burning Tree Master Association board seems to think they can take a vote to allow sheds demand the Burning Tree Master Association produce their authority over the sheds. They need to show you exactly what Article within Burning Tree Master Association documents they plan to amend. There has been no merger of any of the owners associations with Burning Tree Master Association.
You can't merge covenants by a vote anyway, as the covenants are found in the Certificate of Dedication and run with the land. The covenants were in place before the owners association. That authority cannot be taken and given to any corporation that decides they are going to try to run over homeowners and make changes.
WHAT CAN HAPPEN TO ANYONE WHO VIOLATES (OR ATTEMPTS TO VIOLATE) THE COVENANTS?
The Burning Tree Master Association board cannot tamper with covenants and a vote taken by the Burning Tree Master Association board to attempt to do so would be unlawful. Should the attempt to change covenants this is a clear violation addressed in the covenants and anyone who attempts to or does violate them, can be prosecuted.
BURNING TREE MASTER ASSOCIATION BOARD OF DIRECTORS SHOULD REDIRECT THEIR EFFORTS TO SOMETHING THEY CAN LEGALLY DO
Since the board of directors are so concerned about covenants then why are they not looking within their own subdivision to tackle those sheds, boats and RVs that are violating the covenants and Tulsa codes. An example is the old guy who walks in the evening and refuses to use a leash for his dogs. Feel free to pick up the phone and call the Mayors Action line to report violations. 918 596-2100 Use your smartphone to capture evidence of the lawbreaker who refuses to leash hisr dogs and pick up their poop!
HOW SOON SHE HAS FORGOTTEN
Minutes in 2009 show that Julie Lindquist (current Burning Tree Master Association board president) was on the board when a certain homeowner took Burning Tree Master Association to court. It was noted in the minutes that it was determined that the covenants run with the land and covenants can't be changed by anyone except the homeowners in that particular subdivision.
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ReplyDeleteThat one old guy who walks his dogs unleashed is Richard Coffey whose wife Elayne is on the btma board. Another is Richard Thomas whose wife Annie was the btma pool manager. (All four of them have been on the btma board.
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