BURNING TREE MASTER ASSOCIATION BOARD MEMBERS CLAIM INCORRECTLY THAT YOU HAVE TO PAY DUES BEFORE YOU CAN VOTE.
You do not have to have an assessment paid to vote....just like you don't even have to be a member to be on board, according to the BTMA Articles of Incorporation.
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OKLAHOMA STATUTES REGARDING THE RIGHT TO VOTE, IF YOU HAVE NOT PAID ASSESSMENTS
Oklahoma statutes state:§ 1060. Voting Rights of Members of Nonstock Corporations - Quorum - Proxies B. Unless otherwise provided for in the certificate of incorporation* of a nonstock corporation, each member shall be entitled at every meeting of members to one vote in person or by proxy...
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THE ARTICLES OF INCORPORATION REGARDING THE RIGHT TO VOTE, IF YOU HAVE NOT PAID ASSESSMENTS
*The Articles of Incorporation for Burning Tree Master Association states in Article VI: Each member of the corporation shall be entitled to one vote. (It does not say that you must have paid the BTMA in order to vote.)
Since the Articles of Incorporation of a corporation trump by-laws it does not matter that they have put into their by-laws about not allowing someone to vote. It is not legal to have something in the by-laws that conflicts with the Articles of Inc. and/or Oklahoma Statutes.
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TAKE AWAY: Show up and demand your rights! Have your smartphone recording and get the name of the person who tries to keep you from voting!
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OKLAHOMA STATUTES PROVIDE A WAY TO FORCE THE BURNING TREE MASTER ASSOCIATION TO FOLLOW THEIR ARTICLES OF INCORPORATION
So remember if you are told that you cannot vote because you have not paid them an assessment: 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. (This is a simple process.)
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They don't want those who stand up to them and not pay their demands for money to not be able to vote....So wrong, so wrong! Thank you for posting the above Oklahoma Statutes and their Articles of Inc so we know what grounds we have and that the BTMA board of directors they can be sued to force them to do things correctly. (Did the BTMA board send out letters to everyone (meaning the duplexes and apartment owners) to allow them their vote on Monday night?
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