Burning Tree Master Association’s own Articles of Incorporation(Article VI) states that the member is NOT THE HOMEOWNER!!!
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According to both the Articles of Incorporation and the by-laws of Burning Tree Master Association the members are: Every Burning Tree Area Owners Association
Did you notice that it does not say the homeowner is the member; it says the MEMBER is the OWNERS ASSOCIATION! (Also, Frank Spiegelberg, who was President of the BTMA for several years and was an attorney sent a letter that many homeowners are in possession of, that it is NOT the homeowners who are the members of the BTMA.
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WHY HAS THE BURNING TREE MASTER ASSOCIATION BOARD IF DIRECTORS BEEN ASSESSING HOMEOWNERS?
Only the owners association (subdivision) has the legal right to assess/lien homeowners and then only for ACTUAL repair, upkeep and maintenance of the facilities and land owned by the subdivision. The covenants are very clear on what can happen to anyone who violates or attempts to violate the covenants.
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DOES THE BTMA WANT TO CONTINUE TO CLAIM THAT HOMEOWNERS ARE MEMBERS?
If the BTMA continues to insist that homeowners are a member then they need to read their own by-laws specifically: ARTICLE XII ALLOCATION OF INCOME AND EXPENSES where it talks about the corporation was to apply all revenue from whatever sources derived (EVEN THE CONCESSION MONEY THAT WAS TAKEN BY AN OFFICER!) and since it was not used then it was to be distributed to members of the corporation in a reasonable manner. (We will find out from the financial records how much was still in the bank account at the end of each fiscal year in the past as members should be given that money!)
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IF THE BTMA (WHILE STILL CLAIMING THAT HOMEOWNERS ARE MEMBERS) IGNORES THE ABOVE MENTIONED ARTICLE XII LIKE THEY IGNORED JOE NAPPO'S ORIGINAL REQUEST TO SEE THE RECORDS) HERE IS AN OKLAHOMA STATUTE§ 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws Any member may bring an action in the district court. to interpret, apply or enforce the provisions of the bylaws
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Click to read: BTMA board still confused over the limited authority they have
Let me repeat what I just read...Articles of Incorporation, by-laws, attorney all say it is not the homeowner who is the member...The homeowner is a member of their HOA (the BTMA is not an HOA)and their HOA can assess but only for the actual repair, upkeep and maintenance of the facilities and land owned by the subdivision. Anyone who assessed for anything other than that is in violation of the Covenants (your contract or agreement) and can be sued in court. Since the BTMA continues to harrass and threaten when according to both BTO and BTS covenants the BTMA has not authority to assess or lien those homeowners ...the BTS and BTO homeowners have the right to take BTMA to court as Mr. Nappo has done to have them produce the supporting documents that prove otherwise. (How did I do?)
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