Summer Sizzle

Today while perusing what is left of the garden, was able to pick some 'fried green tomatoes'! Really should have planted some Big Boy tomato plants, because in this heat,  the cherry tomatoes are the size of peas....Really. What is your summer sizzle story?

A 'Poll' Of An Idea

For those in attendance at the Hardesty Library meeting Wednesday night, it was suggested to actually poll the homeowners to find out what they would like to transpire in the neighborhood. Well, here is your chance to sound off, so spread the word. Please email your thoughts on poll ideas to: truthandhonor1st@hotmail.com   Please submit questions no later than August 1, 2011. Target date for upcoming polls, August 3, 2011.

UPDATE: We have a new e-mail address. Please be sure you use it.

At first thought using an e-mail address for this blog close to the one used by the last Burning Tree Blog seemed like a great idea.

 
Since we aren't the same as the last blog we shouldn't have tried to get an e-mail close to theirs.  Instead, it has caused way too much confusion and we sincerely apologize for that.

All e-mail regarding this blog should be sent to our new e-mail address: truthandhonor1st@hotmail.com

Rotary Club of Tulsa

Rotary Club of Tulsa

Burning Tree Master Association (BTMA) board members must feel like they have walked into a land mine

The mark of an intelligent person is one who listens to all sides,  takes time to weigh everything  and only after much serious consideration makes decisions based on what they know in their heart is best. A person of lesser intelligence will not want to listen to both sides to learn all they can in order to make a fair decision.  Which are you?   

Some of the Burning Tree Master Association (BTMA) board members must feel like they have walked into a land mine and don’t know where to turn. It is up utmost importance to listen to wise counsel (homeowners with the credentials to help) and take some time to study everything with an open mind.

Several homeowners have voiced that they feel it  is a huge waste to continuing trying to go after the South. It is going to cause us to not have the money to keep our pool open. There are many who are already extremely upset with the board for what the homeowners  consider an insidious waste of our money on attorneys. (Who will ever forget the last fiasco with the attorney charging us well over $11,000.00 to collect assessments. Burning Tree only realized $77 and the attorney took the rest. HOWEVER were you aware that we homeowners also had to fork over money for small claims, asset hearings and filing of the liens.   Burning Tree Master Association board of directors really wasted a ton of money and went into the hole. (Paula Hendrix who was President. There are copies of her e-mails with the attorney showing all of this information.)

Over $11,000.00 of our assessments went to that attorney (yes, the attorney was a "contact" of one of the board members--There are meeting notes where she stated so!) when it could have gone a long way into repairing the bottom of our pool and other renovations! Poof!! The Burning Tree Master Association went in the hole on another ill-thought out idea.)

Money continuing to be wasted could lead to not having the money to take care of what we must for the grounds and pool.  I don't imagine that any board member will want to be remembered as sitting on  the board that takes the whole place down.   We have more pressing things to spend our money on if we want to make sure our pool is able to open next year-- The pool bottom must be redone and there is a federal requirement that the Burning Tree Master Association  board of directors must get the pool ADA compliant with the lift for the disabled, before the March 15, 2012 deadline....or we may not see the pool opened in 2012.  

Let's stop wasting money trying to demand that  Burning Tree South be part of the rest of  us. This does not make for a peaceful neighborhood. We can all  see very clearly that according to their Certificate of Dedication homeowners did everything right. Janie Lyon worked hard to get the Burning Tree Area #4 running again and the petition was then filed.  Even the attorney  the Burning Tree Master Association (BTMA) hired to find something to the contrary, did not say the Secretary of State was wrong in stating that Burning Tree Area #4 was not connected to Burning Tree Master Association (BTMA). It is very easy to go on line to see that each of the corporations are completely stand-alone* corporations and not under or part of the Burning Tree Master Association (BTMA).

*Each corporation set up for the different areas has its very own filing number with the state of Oklahoma. If all were under the Burning Tree Master Association (BTMA)there would be only that one corporation for the Burning Tree Master Association (BTMA)and the subdivisions  would be on there and called sub-associations. Obviously, it is not so. Let's "ease on down the road" instead of acting like spoiled, whining brats.


Here are the corporations filed with the state of Oklahoma. 

2100288651 BURNING TREE MASTER ASSOCIATION, INC. BT Master Assn)
2100309967 BURNING TREE AREA I ASSOCIATION, INC.    (Part of BT One)
2100347247 BURNING TREE AREA #2 ASSOCIATION, INC. (Part of BT One)
2100328906 BURNING TREE AREA #4 ASSOCIATION, INC. (BT South)

2100348799 BURNING TREE AREA #5 ASSOCIATION, INC. (Part of BT East)
2100347190 BURNING TREE AREA #7 ASSOCIATION, INC. (West and Plaza)

 Burning Tree Master Association ARTICLES OF INCORPORATION .

 Burning Tree Master Association  has a pool but according to our Covenants, the Secretary of State of Oklahoma and  Burning Tree Master Association  Articles of Incorporation we are not tied to the Burning Tree Master Association  in any way. So we homeowners do not owe dues to Burning Tree Master Association  no matter how much the Burning Tree Master Association  board of directors wishes it were so.

Burning Tree Master Association board of directors must make sure the pool gets to open in 2012!

Tulsa, Oklahoma


Did the Burning Tree Master Association (BTMA) board of directors ensure that  our pool is compliant with the ADA 2010 Regulations or will we be able to open it this year? The one year grace period the BTMA allowed is over on March 15, 2012. The Justice Department has assured us that there is  no grandfathering (even if the BTMA  pool was built prior to the implementation of the ADA)  


No HOA is exempt. 

An attorney we talked to said the fine will go to the board members personally, should they refuse to comply with the mandate.


Watch the video for yourself: 

http://www.poollifts.com/ada_compliance/video.php

Unfortunately, some of the confusion regarding grandfathering came when one person misinterpreted the law which states:
 
Existing facilities in compliance with the 1991 Standards are grandfathered and do not need to meet the 2010 Standards unless they are renovated or subject to new construction.  However, certain specific elements, for which there were no applicable 1991 Standards—such as swimming pools, wading pools and play areas—must comply with the 2010 Standards by March 15, 2012.    

Effective March 15, 2012 the one year grace period is over. The Department of Justice revised final regulations implementing the Americans with Disabilities Act (ADA) requires that swimming pools and wading pools must be brought into compliance with the 2010 ADA Standards Compliance with the 2010 Standards become mandatory as of March 15, 2011 with a one year grace period given until March 15, 2012.

The Burning Tree Master Association board of directors is aware of this. It is important that BTMA be in compliance by March 15, 2012, so that we can open our pool in May 2012. (Fines are $55,000 for the first violation and $110,000.00 for the second. If we get one fine due to their failure to act we will have to shut down.)

ADA Alert for all HOAs

What is the standard and what facilities are affected? We have been told that Title III of the ADA requires that each "public accommodation remove  barriers. No property will be "grandfathered" . There is no "safe harbor" in existing facilities for  elements  which there are neither technical nor scoping specifications in the prior 1991 Standards). The following must be modified  to comply with the 2010 Standards:

1. Play areas.
2. Swimming pools 
3. Wading pools

The best way to avoid litigation from advocacy groups or the Department of Justice, is to bring Burning Tree Master Association facilities into compliance.


By now  Burning Tree Master Association board of directors should have long ago completed the property wide ADA compliance program.    We were told, "If you are not already well into bringing your property into compliance, then your HOA is going to have some serious compliance challenges."





A proactive approach to compliance can help Burning Tree Master Association avoid or minimize liability and expensive governmental and private enforcement. Compliance is the law and as importantly, it is good business.


Compliance requires expertise.


Under the ADA, all businesses, including HOAs have an on-going obligation to evaluate their properties to bring them into ADA compliance. ADA compliance audits are needed to develop compliance strategies.  


Burning Tree Master Association board of directors must make sure that all facilities,plus websites and Telecommunication Relay Service capabilities (if applicable) would pass Department of Justice or federal court scrutiny. (Yes, you may have a handicapped person who wishes to use the internet to pay using Paypal.) A list of items besides the chair lifts that must be in compliance which include the dressing rooms, toilets, stalls, hand rails, slopes, etc. can be found at:    www.ada.gov Title II






In June of 2011 the Justice Department advised that Burning Tree Master Association  should have developed strategies to prioritize compliance to meet the deadline, after first conducting baseline ADA accessibility compliance audits of the facilities.




****************************************************************
Failure to meet ADA standards can result in fines and lawsuits.(And the board should not even try to charge special assessments to pay the resulting fines that there WILL be if everything is not in compliance.)

As The Tree Spins.....(Burning Tree Master Association (BTMA) hired attorney speaks)

We waited for days with bated breath after receiving a notice on our front doors telling us to meet at the library to hear what the attorney had concluded, regarding the subdivisions and if they were under the "umbrella" of the master association. All this observer can say, is that it was good entertainment, just a shame there was no popcorn or candy.


Upon entering the building, we were shown where to gather by some of the board members, trying to be ever so serious and businesslike. And like all meetings called by the btma to discuss important issues with the residents, just one hour was allocated.....

Control the message, leave just enough time for a few questions and answers. 

And the Burning Tree Master Association (BTMA)wonders why the entire neighborhood did not turn out for such an important meeting.


Now to the meat of the matter: The issue of how all the subdivisions are structured and whether they fall under the purview of the master association was never discussed.

What was discussed, was the petition that the South subdivision had filed with the county of Tulsa, aligning their Covenants with their Articles of Incorporation.


The attorney's explanation was read by the president of the btma in a businesslike manner. Lots of 'legal-ease', big words, and yes, with seriousness, that the rest of the subdivisions should not try the same. Repeat, nothing was stated about the subdivisions being under the 'umbrella' of the btma. Each subdivision is a stand alone corporation, and there is no paperwork filed anywhere to state that we are under the Burning Tree Master Association (BTMA). (Check the Articles of Incorporation for your area to see for yourself!) It may have been the intent at the beginning to do so, but nothing filed with the proper agencies.

Fireworks ensued with much shouting and some jeering from the audience.

As a homeowner, I was impressed with many of the suggestions from others; especially liked the idea of  the btma taking a poll asking homeowners their opinion on assessments, maintenance, grievances, and such. The pulse of the community, so to speak. (Are they going to be responsive to the request and do that???)

Please do not hold your breath on that one...........to be continued.........please check back daily for the next chapter of "As the tree spins"............

Homeowners have repeatedly reminded Burning Tree Master Association Directors about this.. We hope they listened.

Burning Tree Master Association President admitted she was aware of the ADA mandate. (This was posted 08/29/2011)
 

Recent changes were made to the Americans with Disabilities Act (ADA). Homeowner associations are required to take certain actions to be ADA compliant.



Swimming Pools and wading pools must comply with the 2010 Standards by March 15, 2012*. The law has been in effect since March 15, 2011 and to avoid the $55,000.000 fine must be installed no later that the March 15, 2012 deadline, per the Department of Justice.

*With the exception  of the pool lifts which were set aside on March 15, 2012  for 60 days.
--------------------------------------------------------------------------------------------------------------------------

Department of Justice required ADA compliance for Homeowners association swimming pools and wading pools.

New ADA Regulations -- On July 26, 2010, it was announced that the Department of Justice would be issuing new mandatory regulations for the ADA. The documents clarify and refine many issues raised over the past 20 years and address new issues that have arisen since the original regulations were published in 1991. 

The new regulations, which were published in the Federal Register on September 15, 2010, also adopt new ADA Standards for Accessible Design. In addition, the Standards include new requirements for features in recreational facilities such as swimming pools and playgrounds that were not addressed in the 1991 Standards. While the new rules went  into effect on March 15, 2011 a one year grace period is given until  March 15, 2012. NO EXCEPTIONS!  www.ada.gov/regs2010/ADAregs2010.htm 








Homeowners Association) must comply with the 2010 Standards' supplemental requirements in all the following areas:
 



The ADA and other Federal civil rights laws require that accessible features be maintained in working order so that they are accessible to and usable by those people they are intended to benefit. (This is why a battery backup is needed for each of the chairlifts.)  



Areas of Sport Activity:at least one accessible route is required to connect accessible buildings, facilities, elements, and spaces on the same site.  An accessible route must connect the boundary of each area of sport activity (e.g., courts and playing fields, whether indoor or outdoor). In "court" sports the accessible route must directly connect both sides of the court.

Public Entrances.   At least sixty percent (60%) of public entrances are required to be accessible. The revision is intended to achieve the same result as the 1991 Standards.

Parking Spaces  General. Where parking spaces are provided (And they are!) section 208.1 requires a specified number of the parking spaces to be accessible. 

• accessible parking spaces must be identified by signs that display the International Symbol of Accessibility. Sites that have four or fewer parking spaces are exempt from the signage requirement. (Section 502.6 ).
  
• Access aisles must be marked so as to discourage parking in them.(section 502.3.3)
• an accessible route is required to adjoin each access aisle serving accessible parking spaces. The accessible route connects each access aisle to accessible entrances.(Section 502.3)
• one in every six accessible parking spaces must be van accessible. The Department does not distinguish between vehicles that are actual "vans" versus other vehicles such as trucks, station wagons, sport utility vehicles, etc. which may be used by individuals with disabilities to transport mobility devices.

Drinking Fountains   must be provided for persons who use wheelchairs and for others who stand.  The 2010 Standards require drinking fountains mounted at a height for wheelchair users to provide clear floor space for a forward approach with knee and toe clearance, and include an exception for a parallel approach for drinking fountains installed at a height to accommodate very small children. The 2010 Standards include a technical requirement for drinking fountains for standing persons.


 Lavatories and Sinks  requires at least five percent (5%) of sinks in each accessible space to comply with the technical requirements for sinks. The technical requirements address clear floor space, height, faucets, and exposed pipes and surfaces. The clear floor space at sinks is required to be positioned for a forward approach and knee and toe clearance to be provided under the sink.

Toilet and Bathing Facilities, Rooms, and Compartments

 Where toilet facilities and bathing facilities are provided, they must comply 

• Ambulatory Accessible Toilet Compartments.   multi-user men´s toilet rooms, where the total of toilet compartments and urinals is six or more, must contain at least one ambulatory accessible compartment.  The 2010 Standards establish parity between multi-user women´s toilet rooms and multi-user men´s toilet rooms with respect to ambulatory accessible toilet compartments.
• Urinals. Mens toilet rooms with only one urinal are not required to provide an accessible urinal. However, such toilet rooms will still be required to provide an accessible toilet compartment.
• Multiple Single-User Toilet Rooms. Where multiple single-user toilet rooms are clustered in a single location,  one hundred percent (100%) are required to be accessible (Exception: accessible single-user toilet rooms must be identified by the International Symbol of Accessibility where all single-user toilet rooms are not accessible.)
• Water Closet Location and Rear Grab Bar. permits a shorter grab bar on the rear wall where there is not enough wall space due to special circumstances (e.g., when a lavatory or other recessed fixture is located next to the water closet and the wall behind the lavatory is recessed so that the lavatory does not overlap the required clear floor space at the water closet).The 2010 Standards requirement allows the centerline to be between 16 and 18 inches from the side wall in wheelchair accessible toilet compartments and 17 to 19 inches in ambulatory accessible toilet compartments.
• Water Closet Clearance.  a change in the accessibility requirements where a lavatory is installed adjacent to the water closet. Locating the lavatory  close to the water closet prohibits many individuals with disabilities from using a side transfer. To allow greater transfer options, including side transfers, lavatories are prohibited from overlapping the clear floor space at water closets.
• Toilet Room Doors.  Section 603.2.3 of the 2010 Standards permit the doors of all toilet or bathing rooms with in-swinging doors to swing into the required turning space, but not into the clear floor space required at any fixture. In single-user toilet rooms or bathing rooms, Section 603.2.3 Exception 2 of the 2010 Standards permits the door to swing into the clear floor space of an accessible fixture if a clear floor space that measures at least 30 inches by 48 inches is provided outside of the door swing.
• Toilet Paper Dispensers.   require the dispenser to be located seven inches minimum and nine inches maximum in front of the water closet measured to the centerline of the dispenser. The paper outlet of the dispenser must be located 15 inches minimum and 48 inches maximum above the finish floor. The mounting location of the toilet paper dispenser is determined by the centerline of the dispenser and the location of the outlet for the toilet paper.
  

There is difficulty in using large roll toilet paper dispensers and dispensers with two standard size rolls stacked on top of each other. The size of the large dispensers can block access to the grab bar and the outlet for the toilet paper can be too low or too high to be usable. Some dispensers also control the delivery of the toilet paper which can make it impossible to get the toilet paper. Toilet paper dispensers that control delivery or do not allow continuous paper flow are not permitted by the 2010 Standards. Also, many of the large roll toilet paper dispensers do not comply with the 2010 Standards since their large size does not allow them to be mounted 12 inches above or 1 1/2 inches below the side grab bar as required by section 609.3.

• Detectable Warnings   provide a distinctively textured surface of truncated domes. The 2010 Standards at sections 218, 810.5, 705.1, and 705.2  require detectable warnings at transit platform edges.(Sound on can contact from adjoining walking surfaces.)
• Dressing rooms, fitting rooms, and locker rooms are required to comply with the accessibility requirements of sections 222 and 803 of the 2010 Standards. Where these types of rooms are provided in clusters, five percent (5%) but at least one room in each cluster must comply.
• Dining Surfaces Section 226.1 of the 2010 Standards require that where dining surfaces are provided for the consumption of food or drink, at least five percent (5%) of the seating spaces and standing spaces at the dining surfaces comply with section 902. Section 902.2 requires the provision of accessible knee and toe clearance.
• Service Counters. The 2010 Standards, at section 904.4, contain technical requirements for service counters.  The nondiscrimination requirements of the ADA regulations require the level of service provided at the accessible portion of any  service counter to be the same as the level of service provided at the inaccessible portions of the counter.
• Accessible Means of Entry to Wading Pools:at least one sloped means of entry is required into the deepest part of each wading pool.
• Floor or Ground Surfaces floor or ground surfaces along accessible routes and in accessible rooms and spaces must be stable, firm, slip-resistant, and comply with either section 4.5 in the case of the 1991 Standards or section 302 in the case of the 2010 Standards. 
• Turning Space Section to be either a circular space or a T-shaped space. Section 304.3 permits turning space to include knee and toe clearance complying with section 306. 

Thresholds at Doorways.  2010 Standards require

• the height of thresholds at all doorways that are part of an accessible route not to exceed 1/2 inch.  
• raised thresholds that exceed ¼ inch in height to be beveled on each side with a slope not steeper than 1:2. 
• include an exception that exempts existing and altered thresholds that do not exceed 3/4 inch in height and are beveled on each side from the requirement.

Handrails Along Walkways.  where handrails are provided along walkways that are not ramps, they shall comply with certain technical requirements.

handrail gripping surfaces with a circular cross section to have an outside diameter of 1 ¼ inches to 2 inches. Handrail gripping surfaces with a non-circular cross section must have a perimeter dimension of 4 inches to 6 ¼ inches, and a cross section dimension of 2 ¼ inches maximum.

 handrail gripping surfaces must be continuous along their length and not to be obstructed along their tops or sides. The bottoms of handrail gripping surfaces must not be obstructed for more than twenty percent (20%) of their length. Where provided, horizontal projections must occur at least 1 1/2 inches below the bottom of the handrail gripping surface. An exception permits the distance between the horizontal projections and the bottom of the gripping surface to be reduced by 1/8 inch for each 1/2 inch of additional handrail perimeter dimension that exceeds 4 inches.

handrail gripping surfaces must have rounded edges.

 

Accessible Routes

• Slope. The cross slope of walking surfaces may not be steeper than 1:48 to prevent imperfections in concrete surfaces from ponding water.
• Floor and ground surfaces shall be stable, firm, and slip resistant and shall comply with 302.   A firm surface resists deformation by indentations on its surface.
• Ramps.  Turning spaces, for wheelchairs and other mobility devices must park their mobility aids such as in wheelchair spaces, or maneuver to use elements such as at doors, fixtures, and telephones.
•  Changes in level* greater than 1/2 inch (13 mm) high shall be ramped. "changes in level" refers to surfaces with slopes and to surfaces with abrupt rise exceeding that permitted in Section 303.3. Such changes in level are prohibited in required clear floor and ground spaces, turning spaces, and in similar spaces where people using wheelchairs and other mobility devices must park their mobility aids such as in wheelchair spaces, or maneuver to use elements such as at doors, fixtures, and telephones. The exception permits slopes not steeper than 1:48.
   

Failure to meet ADA standards can result in fines and lawsuits. This can be verified by calling the Department of Justice which enforces the law: (800) 514-0301 (voice); (800) 514-0383 (TTY)  www.ada.gov 

Justice Department, ADA, Burning Tree Master Association, Tulsa,OK. Oklahoma, Neighborhood pools East West South One Plaza

 



Watch the video for yourself: 

http://www.poollifts.com/ada_compliance/video.php

Click:
See what Matthew Winton attorney says regarding mandatory ADA compliance for HOA swimming pools

Credit history can affect employability | Tulsa World

Credit history can affect employability | Tulsa World

Important Letter For Burning Tree South Residents

Hi Neighbors,

I’m sure you received a notice taped to your door about a special meeting called by the

Burning Tree Master Association, for Wednesday July 20, 2011 at 7:00 p.m. As you may know the Burning Tree Master Association hired an attorney to issue an “opinion of counsel” as to the legality of the petition filed on June 13, 2011 with the Tulsa County Clerk by Burning Tree South addition, incorporated as Burning Tree Area #4 Association. 

This petition was filed to align the Covenants or Deed of Dedication with the Articles of Incorporation. We did not need to file anything to remove ourselves from the Burning Tree Master Association. We were never a part of it. However, the Covenants give the owners of a majority of lots in Burning Tree South addition the right to change or vacate the covenants at any time after February 1, 1993. The petition was filed with more than a majority of homeowners’ signatures.

The office of the Oklahoma Secretary of State has stated that the Articles of Incorporation filed on September 15, 1978 with the state of Oklahoma establishing Burning tree Area # 4, commonly known as Burning Tree South Addition, is incorporated as a “stand alone” corporation, not a sub-association. The office of the Secretary of State has no record of Burning Tree Area #4 Association Articles of Incorporation ever being changed or amended to make Burning Tree Area #4 Association a part of Burning Tree Master Association. This is why the Covenants were recently corrected and filed with the Tulsa County Clerk.

INCOG shows that Burning Tree South was never approved by the Tulsa Metropolitan Area Planning Commission to be included in Burning Tree. A surveyor has surveyed it and shown that Burning Tree South is NOT a part of Burning Tree Master Association. The Deed of Dedication filed by the developer shows in the Covenants that the only assessments homeowners must pay are for actual repair, upkeep and maintenance of the facilities and land owned by Burning Tree Area #4, the HOA for Burning Tree South. Since Burning Tree Area #7 Inc owns nothing it is unlawful for anyone, any board of directors or any entity to assess homeowners. (This is covered in your covenants where you have the legal right to prosecute anyone and secure damages from anyone who attempts to violate that covenant.) 

The “opinion of counsel” received from the attorney hired by the Burning Tree Master Association was just that, an opinion. An attorney’s opinion is a formal written report to a client on a specific legal matter. An opinion is applicable to a judgment based on grounds insufficient to rule out the possibility of dispute. It is not the formal expression by a judge in a court of law stating the legal reasons and principles upon which a legal decision is based.   AN ATTORNEY CANNOT PROVIDE A LEGAL DECISION OR RULING – AN ATTORNEY CAN ONLY GIVE HIS/HER OPINION, WHICH IS NOT THE SAME AS A JUDGE GIVING A "LEGAL OPINION".

The majority of homeowners of Burning Tree South addition have asserted their right to have their voices heard loud and clear. We should not allow the “opinion of counsel” from Burning Tree Master Associations’ attorney, whatever it may be, to influence our resolve and determination.

If the Burning Tree Master Association attempts to collect unpaid 2011 assessments from Burning Tree South addition residents, DO NOT MAKE PAYMENT. 

It is the assertion of the Burning Tree Area#4 Association (in accordance with the filed Articles of Incorporation and Covenants), this money is not owed.

Gail Hauke

Editors note: According to our Covenants, the Secretary of State of Oklahoma and  Burning Tree Master Association  Articles of Incorporation Burning Tree South homeowners  are not tied to the Burning Tree Master Association  in any way. So we do not owe dues to Burning Tree Master Association  no matter how much the Burning Tree Master Association  board of directors wishes it were so.

Welcome to the Burning Tree area blog

If you want to have something  posted, e-mail:  truthandhonor1st@hotmail.com



Please bear with me as I learn to blog...