After receiving still another threat from the Burning Tree Master Association board of directors that if he did not pay them money they would lien his property.
Joe Nappo had requested to see the BTMA records to prove their authority to demand money from him. He did this by sending a certified letter to the BTMA at the address of the Registered Agent, Dennis Phillips.
Burning Tree Master Association By-laws states in Article ARTICLE X BOOKS AND RECORDS AND RECORDS 1. The books, records and papers of the corporation shall at all times during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles and these bylaws shall be available for inspection by any member at the principal office of the corporation, where copies may be purchased at
reasonable cost.
The BTMA board of directors simply ignored Mr. Nappo as they have all others before him who have, over the years, asked to see the records.
~~~~
Oklahoma Statues provide for a way to help the BTMA understand that they must follow their by-laws:
- § 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws Any member may bring an action to interpret, apply or enforce the provisions of the bylaws in the district court. (It appears that as long as the BTMA continues to claim that Mr. NAppo is a member the BTMA will have to comply.)
- § 1065. Inspection of Books and Records C. 1. If the corporation or an officer refuses to permit an inspection or does not reply to the demand within five (5) business days after the demand has been made, the shareholder may apply to the district court for an order to compel an inspection.( Again, it appears that as long as the BTMA continues to claim that Mr. Nappo is a member they will have to comply.)
But wait a minute...... Is Joe Nappo actually a member?
~~~~
You may wish to see the documents that were filed:
- Summons of lawsuit filed by Joe Nappo to force BTMA to produce records
- Petition by Joe NAPPO Document #1019385226
- NAPPO, JOSEPH M v. BURNING TREE MASTER ASSOCIATION INC
After clicking on the link http://burningtreetulsa.blogspot.com/2012/09/who-is-member.html the answer in NO. None of us are members....The homeowners associations are members. Joe Nappo is not a member! Why don't we just admit that and stay out of this lawsuit?
ReplyDeleteWhy did the board ignore Mr. Nappos request to see the records? And why are there no audits when the by-laws states that there is to be an annual audit
ReplyDeleteArticle IX Treasurer (d) The treasurer shall keep proper books of account; cause an annual audit of the Association books to be
made by a public accountant at the completion of each fiscal year.and X 2.
There shall be an annual audit of the books and records of the corporation by an independent public accountant and a copy thereof shall be sent to each member within thirty (30) day after completion thereof. (I can assure you I have never gotten one!)
Your last sentence in parenthesis says you never received a copy of an audit but your claim is that individual home owners are not members. So why should you have ever received a copy if you truly believe your not a member?
DeleteCheck your mortgage for a "PUD rider"
ReplyDelete