Confusion over BTMA's authority

Covenants for three of the subdivisions in the Burning Tree Area 

Covenants for Burning Tree Plaza, Burning Tree West and Burning Tree East all state:

K (c) Membership in Home Owners’ Association Maintenance assessments by
Burning Tree Owner’s Association or Burning Tree Master Association, Inc,
shall be a lien on the lot assessed, but shall be sub-ordinate to any first mortgage
made in good faith and for value.

Thus, Burning Tree Plaza, Burning Tree West and Burning Tree East can be liened by Burning Tree Owner’s Association or Burning Tree Master Association.

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Covenants for Burning Tree One and Burning Tree South are different from the other three subdivisions!

Read the following carefully and you will see that unlike in the covenants for the three subdivisions above  Burning Tree Master Association cannot legally lien or assess homeowners in the following two subdivisions:

• Burning Tree South –  (See  H (c), (d), (e) Also, note that in H (c) the last sentence shows there WAS to be a clubhouse built in the Burning Tree South subdivision.
• Burning Tree One – M (a), M (b), M (c)  Note also that in M (a) in the last sentence it shows there was to be a clubhouse built in the Burning Tree One subdivision. 

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CONSTRUCTIVE NOTICE 

The above was the constructive notice homeowners in Burning Tree South and Burning Tree One/Two had when they bought their lot that they only had to pay assessments for ACTUAL repair, upkeep and maintenance for facilities and land in their own subdivision. The covenant is the “agreement” (or “contract”) made when the lot was purchased by the lot owner.

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Since the land had been deeded away and there were no facilities and no place to build them then it is clear that Burning Tree South and Burning Tree One/Two should not be assessed by anyone! Since homeowners have been assessed and liened where is the merger?

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If there is no merger then by what authority have they been assessing homeowners in Burnig Tree One and Burning Tree South?  Has there been a violation of the covenants and if so what can be done?

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What is an easement?

WHAT IS THIS EASEMENT MENTIONED IN THE COVENANTS?
An “Easement” is a privilege that simply opens options for homeowners.


DOES AN EASEMENT MEAN WE HAVE PAY THE BTMA?
It does not give the BTMA legal standing to assess homeowners! It is not an obligation for anyone to have to  support or subsidize the BTMA.

FURTHER PROOF THAT HOMEOWNERS ARE NOT MEMBERS AND SHOULD NOT HAVE BEEN ASSESSED/LIENED As Frank Spiegelberg wrote  in a letter (a letter that many homeowners are in possession of) it is NOT the homeowner who is the member of the BTMA; it is the owners association.

Frank Spiegelberg, who was the BTMA president for several years and also an attorney was correct according to the BTMA  Articles of Incorporation








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Do not e-mail to any e-mail address on that newsletter

WHY YOU SHOULD NOT E-MAIL TO ANY E-MAIL ADDRESS ON THAT NEWSLETTER


Burning Tree Master Association is trying to be sneaky to collect your e-mail by putting out there for you to  to do things such as:

• let them know if you would like to volunteer to help develop a marketing plan for the pool. (There have been committees who worked hard on this before but they will not listen so why waste your time and breath?)
• answer their survey about the sheds (Do not fall for this, remember that the BTMA has never had any authority over the outbuildings!!!)
• having a chili cook-off or pie baking contest
• judge the cookoff/pie contest
• contact them with questions  

Don't fall for it! Do you really want then to have your e-mail so they can harrass you?

Who is a member of the BTMA?

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

The BTMA board has been violating the covenants!

Taken from your covenants:

 
If the parties hereto or any of them or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or person owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violation or attempting to violate any such covenants and either prevent him or them from so doing or secure damages or other dues for such violations.  

IN A NUTSHELL: The covenants in all of the subdivisions states that if anyone violates or attempts to violate any of the covenants it shall be lawful for any other person  in the subdivision to prosecute  the person and secure damages. 

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In Burning Tree South Covenants and  Burning Tree One/Two assessments are for the ACTUAL cost of maintenance, repair and upkeep of the common areas of the Association the Certificate of Dedication (covenants) is about!  It does not say in these areas that the BTMA can assess.  Why do they continue to claim that they do not have to assess the duplexes and apartments? Joe Hirsch stated that Burning Tree Two was never incorporated. According to the Secretary of State Joe Hirsch is WRONG. 


 BTMA demands money be handed to them under threats.
Burning Tree Master Association board of directors have violated the covenants by assessing and liening homeowners. Where is their authority when their own Articles of Incorporation and by-laws state exactly what attorney Frank Speigelberg told them -that it is NOT the homeowner who is the member!



 

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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.

Constructive notice

Constructive notice is a legal term meaning that persons are assumed to have knowledge of something by virtue of the fact that it is in the public record. This principle means that someone cannot deny knowledge of a fact because they have a duty to inquire.

For example, if you purchase property, you are presumed to know the legal status of that property because it is available through public records.  Deeds and a Certificate of Dedication are considered “constructive notice”.
 

BTMA still refusing to do audits to show where money is spent?

The Burning Tree Master Association board of directors claims in the newsletter they completed CPA reviews for the past three years.

Reviews??? What is that about and why did they waste money on reviews  when their by-laws clearly state there must be an audit to show where they have been spending the money they have been making people pay?

BTMA BY-LAWS REGARDING AUDITS:  Article IX (d) and Article X (2)(Note that Article X (2) also states that a copy thereof shall be sent to each member within thirty (30) days after completion thereof.  When did you receive yours in the mail?) 



NO AUDIT HAS EVER BEEN DONE SINCE BURNING TREE MASTER ASSOCIATION WAS FORMED
Were you aware that in the past they were not even getting CPA reviews but "tax reviews"? The board again did a CPA review instead of an audit without legal authority this year after they said they would do an audit. All residents of the Burning Tree are well aware that the Burning Tree Master Association has NEVER performed an audit. 
They just have someone look over what they submitted for the taxes and figure that is good enough!



AN AUDIT WOULD MAKE BTMA ACCOUNTABLE TO YOU FOR HOW THEY HAVE SPENT MONEY. 
The reason the BTMA is trying to figure out how to get an amendment passed is because an audit is what makes them accountable to you in regards to where they are spending your money.  An AUDIT will chronicle every penny taken in and spent, if the items were approved beforehand, who signed checks, if there were proper receipts and if the amount spent was the amount approved.  


IGNORING HOMEOWNERS REQUESTS FOR AUDITS AND TO SEE RECORDS
The BTMA has always ignored homeowners who have asked about  audits and to see the records by saying that someone at some time said they could do a review. Now they claim that they have found a long lost document from 31 years ago that talks about this very thing....even though it was the only paper that survived the elements there in the attic at the pool.    (See: Plan to ratify and why the BTMA wants your proxy )

 
LEGAL RIGHTS OF HOMEOWNERS IN BURNING TREE ONE AND BURNING TREE SOUTH
Should BTMA board members continue to disregard the covenants and assert that Burning Tree South and Burning Tree One  are a part of Burning Tree Master Association (even though they are aware that the Secretary of States office and also the covenants for these two subdivisions state otherwise)  there is an Oklahoma statute that homeowners have the legal right to use: § 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.  


 SHOW US THE MONEY!

Who has the legal right to assess homeowner

Only the owners association (subdivision) has the legal right to assess/lien homeowners and only for ACTUAL repair, upkeep and maintenance of the facilities and land owned by the subdivision:

• Burning Tree One Covenants --Look under H (a) (b) (c)
• Burning Tree South Covenants  or Burning Tree South Homeowners (Click on the second link to get up to speed quickly!)

By deeding away the land from BTO and BTS in Feb 1977 there was no place to even to build a clubhouse in the subdivisions.
TAKE AWAY POINT: No facilities and no land to “upkeep” means there is nothing to assess.

Who are the candidates we are voting for Mon night and why is it a big secret??

NEW DIRECTORS

1. Who exactly are the candidates we will be voting on, on Sept 10th?  (career board members?)
2. When were the nominations made for the candidates?
3. When were we going to be notified that nominations were being accepted?
4. What are the qualifications of these candidates?
5. Is the reason the Burning Tree Master Association does not take nominations before the meeting so that they can be assured that their career board member buddies remain on, year after year by simply showing up on election day? 

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