A Splashing Good Plan

The following was taken directly from Sungate's Homeowners Association website, and one of Sungate's  pool managers. (Go check it out and see how much nicer it is!)


WHERE IS SUNGATE? Just across Memorial and north of 61st

180,000 gallons
2 Pool Slides
2 Diving Boards
* Slide in Kiddie Pool

Sungate HOA dues are NOT used for pool upkeep. Supported 100% on memberships

$285.00 Pool Membership fee. This applies to residents of and those outside Sungate housing addition.
Pool Open House - One week before pool opening.
Free Wi-Fi access.

$72.00 HOA dues. Yearly dues are spent on: Year round litter pick-up. Creek cleanup, newsletters, and annual Block Party. Upkeep of neighborhood owned park, adjacent to swimming pool. The brick wall around the area on Sheridan Road from 57th to the Farm Shopping Center, and on 51st from the Farm Shopping Center to74th East Ave. Landscaped entrances at 70th East Place & 51st, and at 55th Street and Sheridan.



Pool Party Price List: 1-30 people....$150.00
                               31-60..............$220.00
                               61-80..............$290.00
                               81-100............$310.00
2 hr. minimum - No Free set up or clean up time

American Disabilities Act - Requirements March 15, 2012

On Friday, July 23, 2010, Attorney General Eric Holder signed a new ADA regulation into law - ADA Standards for Accessible Design. The law will take effect March 15, 2011. A grace period is given (until March 15, 2012) to come into compliance with the 2010 Standards for Accessible Design. 

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination on the basis of disability. ADA guidelines provide specifications to ensure that individuals with disabilities are generally able to access swimming pools and spas and use a variety of features of the facility. The guidelines are the minimum level of accessibility required and are encouraged to be exceeded where possible to increase opportunities. 


On September 15, 2010, the Final Rule for the Accessible Design for Recreational Facilities, including public poos and spas, was published in the Federal Register. These standards will become the law of the land on March 15, 2011, and compliance is required by March 15, 2012. Compliance with the Standards for Accessible Design for pools and spas will be required for pools and spas that serve the public. 


According to the Department of Justice,  Homeowners Associations MUST Comply.


This information has been verified with Roger Roth, City of Tulsa Health Department.


Pools over 300 linear feet are required to have two lifts. Pools greater than 300 feet will need two means of assisted entrance. For those pools requiring two assisted entries, a transfer wall, transfer system or stairs will be necessary in addition to a pool lift or sloped entrance.




Note: Sling lifts do NOT meet the requirements despite many advertising claims to the contrary. To be certain one is investing in accessibility products that comply, a careful reading of the pertinent documents at  www.ada.gov Title II  is advised.




The regulation provides detailed specifications for the pool lifts and slopes. The main requirements of pool lifts are that the user must be able to operate it independently and it must provide foot rests. Sloped entries must have handrails. Sloped entries must be in compliance with all ADA specifications. The regulation specifies detailed requirements for secondary means of entry as well. 


 Facilities that use sloped entries are encouraged to provide an aquatic wheelchair designed for access into the water. The reason for this is that, in most cases, it is not appropriate to submerge personal wheelchairs and mobility devices in water. Some have batteries, motors, and electrical systems that can be damaged or contaminate the pool.Persons transfer to the aquatic wheelchair and access the water using it, leaving their personal mobility device on the deck. Operators and facility managers may need to consider storage options for personal mobility devices if deck space is limited.






___________________________________________________________


WADING POOLS:


THERE HAS BEEN MUCH CONFUSION OVER WADING POOLS SO WE WENT RIGHT TO THE DEPARTMENT OF JUSTICE  TO VERIFY THIS: The regulation affects swimming pools, spas, wading pools, and aquatic recreational facilities.  Wading pools (i.e. shallow pool for children)  need a lift, sloped entry, transfer wall or transfer system.  

242.3 Wading Pools. At least one accessible means of entry shall be provided for wading pools. Accessible means of entry shall comply with sloped entries complying with 1009.3. 








Lifts must:

• be able to lift at least 300 pounds, and have a rigid seat and a footrest. 
• Your pool must provide an accessible route to the handicapped access point. (a transfer wall, transfer system or stairs will be necessary in addition to a pool lift or sloped entrance as required for those pools requiring two assisted entries.) The deck slope no more than 1 inch for every 48 inches of deck space. (your contractor or project manager will need to make sure this is done.)
• seat's center line should also be no closer than 16 inches to the pool.
• The pool lift must not be located in water deeper than 48 inches (121.9 cm), (Your contractor can determine exactly where to put these.)
• When raised, the center of the lift seat must be located over the pool deck 16 inches (40.6 cm) from the edge of the pool to give individuals enough space to move safely from lift to pool and pool to lift. (Your contractor can determine exactly where to put these.)
• The deck space between the center of the seat and pool's edge must not exceed a slope of 1:48 to ensure wheelchairs and walkers do not roll away. (Your contractor can determine exactly where to put these.)
• The deck space on the side of the lift opposite the pool must be a minimum of 36 inches (91.4 cm) wide and extend at least 48 inches (121.9 cm) from a line 12 inches (30.5 cm) behind the back of the lift seat to ensure enough room for safe wheelchair transfer.  This deck space must be parallel with the seat and again, have a slope no steeper than 1:48.  (Your contractor can determine exactly where to put these.)
• the height of the pool lift seat (from the deck to the top of the raised seat surface) must allow a stop at 16 inches (40.6 cm) minimum and 19 inches (48.3 cm) maximum to accommodate the needs of both adults and children in a standard wheelchair. (Your contractor can determine exactly where to put these.)
• Lifts must have a solid seat and footrests.  Sling styles are no longer compliant. Lifts in swimming pools shall have footrests that move with the seat, but footrests are not mandatory for lifts used in spas.
• Any armrest on the side of the pool lift opposite the water must be removable or able to fold out of the way to make sure transfer from wheelchair to lift and back is easy.
• Lifts shall be capable of being operated from the deck and from the water at all times, (this is why the lifts must have a back up battery for each. Liability is huge should someone get stuck in a pool.) and operating devices must be unobstructed when the lift is in use to ensure swimmers are not stranded in the pool and multiple individuals may use the lift in a single swimming session.
• Manual rotating and hand-crank lift operators are no longer compliant and should be replaced.
• Pool lift seats must be a minimum of 16 inches (40.6 cm) wide. The seat of a swimming pool lift must be able to submerge to a minimum of 18 inches (45.7 cm) below the stationary water level to ensure that natural buoyancy aids in getting an individual from the lift to the water.
• Single person pool lifts are required to have a minimum weight capacity of 300 pounds (136 kg) and be able to sustain a static load of at least one and a half times the rated load. This regulation guarantees that lifts can accommodate a majority of the population. 
• Standby power is required to be provided for lifts. 

To view the complete list, visit  www.ada.gov Title II




Purchasing a maintenance agreement is recommended.

http://www.contractors.com/articles.remodel-accommodate-a-disability-directory.filter4.html

Your project manager/contractor/engineer/electrician should obtain proper permits and have it inspected  after it is in place.  Note: the electrical work may not be included in a bid from your pool company. Be sure to contact a licensed electrician.


CLICK BELOW TO READ COMMENTS. WE APPRECIATE THOSE WHO ARE COMMENTING TO HELP US ALL UNDERSTAND THIS.  






The regulation defines 5 permitted means of entry to the pool: Primary - lifts and sloped entries and secondary - transfer walls, transfer systems, and accessible pool stairs. The only mean of entry that can be used on its own without any other means of entry, is a sloped ramp.




 Swimming Pools. At least two accessible means of entry shall be provided for swimming pools. Accessible means of entry shall be swimming pool lifts complying with 1009.2; sloped entries complying with 1009.3; transfer walls complying with 1009.4; transfer systems complying with 1009.5; and pool stairs complying with 1009.6. At least one accessible means of entry provided shall comply with 1009.2 or 1009.3.

Tulsa, OK

Burning Tree Master Association Homeowners Pool HOA

 

How This Blog Works

This blog has been set up by a group of neighbors who missed the old blog, and we are new to the world of blogging, so we indulge your patience. The person or persons who set up the old BTMA blog are not part of the new team. 
If you wish to have something posted (letter, article, story, whatever), please send to email address: truthandhonor1st@hotmail.com
This is your neighborhood blog, so let's meet and share what is going on in Burning Tree. Oh, and please remember, speech is still free..............Your Neighbor Dialogue Team...........

Think On These Things

Truth, like light, blinds. Falsehoods, on the contrary, is a beautiful twilight that enhances every object.....Albert Camas
An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it.......Mohandas Gandhi
The truth is "hate speech" only to those who have something to hide.....Michael Rivero
We know the truth, not only by the reason, but also by the heart......Blaise Paschal
I believe that unarmed truth and unconditional love will have the final word in reality. This is why right, temporarily defeated, is stronger than evil triumphant.......Martin Luther King

Federally mandated pool drain cover ever installed in 2008?

The 2007 Virginia Graeme Baker Pool and Spa Safety Act, passed by Congress, required all public pools to have the covers installed by Dec. 19, 2008. The federally approved covers, which are domed instead of flat, are designed to prevent swimmers from being trapped underwater by drain suction.

The federal law required that all public pools and spas, including those at homeowner associations, waterparks, hotels, schools, and universities to be equipped with them by Dec 19, 2008 or not open the pool.  Federal law  which supersedes state statutes requires pool owners and/or operators have in place the correct domed pool drain before opening the pool after Dec 19, 2008.

Many of the 300,000 public pools and spas in the U.S. were required to close on December 19, 2008 according to the Consumer Product Safety Commission (CPSC) if they failed to comply with the Virginia Graeme Baker Pool & Spa Safety Act. 

Does anyone know if Burning Tree Master Association installed the mandatory domed pool drain cover to prevent entrapment and evisceration? It was required to be  installed by Dec 19, 2008.


Affected pools also may need to replace the  circulation systems if it is an older, direct suction models.

 
The Consumer Product Safety Commission logged 74 entrapment cases from 1999 through 2007, with nine fatalities associated with suction entrapment.The law is aimed at reducing these deaths and injuries by making pools safer.

Regulators are concentrating on wading pools,and kiddie pools, said CPSC spokesman Scott Wolfson, because young children are the ones most likely to be injured or die in entrapment accidents. The act is named for former presidential adviser James Baker's 7-year-old granddaughter, who was killed in 2002 when she was trapped by a whirlpool drain. 

CPSC, the enforcing agency of the Act, may impose financial penalties and seek imprisonment for violators. The federal Consumer Product Safety Commission  works with state health departments and attorney general offices on compliance checks and enforcement. (800) 638-2772 ) Pools that aren't compliant were told to stay closed until the pool   is upgraded. State certified service companies should do the upgrades. 


It's a matter of health and safety, not just liability and it is a federal law.

 
Attorney Ken Direktor advised that liability issues could be "exacerbated" if a swimmer was injured in a noncompliant pool.

Jeff McCollum, a spokesman for State Farm Insurance said that if a drain-related accident were to happen the policy holder will probably have a more difficult time proving that they are not liable. 

Burning Tree Master Association Pool Tulsa, OK

Conflicts of Interest

Laws governing Corporations in the United States are fairly standard from one state to the next. The Oklahoma Statute provides detailed rules regarding shareholder meetings  voting, and  voting trusts.

Matters upon which members vote include the approval or disapproval when it is found that a director has a conflict of interest. The affected board member in such a situation has a potential for divided loyalties.

To avoid problems, the minutes should show that the board member disclosed the potential conflict and that the board member with the conflict abstained from the vote.
Every board member owes a legal duty of good faith, full disclosure, fair dealing and undivided loyalty to the corporation. Directors must positively renounce anything that is unfair. A breach or violation of this duty typically occurs where directors have a conflict of interest to the detriment of the corporation.

Directors must act in the best interests of the corporation and its members.

The existence of a conflict of interest may not, in and of itself, be evidence of wrongdoing. In fact,  it is virtually impossible to avoid having conflicts of interest from time to time. A conflict of interest can, however, become a legal matter for example when an individual tries (and/or succeeds in) influencing the outcome of a decision. A director of a corporation will be subject to legal liability if a conflict of interest breaches his duty of loyalty.

There often is confusion over these two situations. Someone accused of a conflict of interest may deny that a conflict exists because he/she did not act improperly. In fact, a conflict of interest can exist even if there are no improper acts as a result of it. (One way to understand this is to use the term "conflict of roles".) A person with two roles,  for example—may experience situations where those two roles conflict. The conflict can be mitigated but it still exists.

The Role of a Leader....

lead·er·ship

 /ˈlidərˌʃɪp/ Show Spelled[lee-der-ship]

noun

One should be able to follow through all the way to completion on projects.
 

1. the position or function of a leader,  a person who guides or directs a group: He managed to maintain his leadership of the party despite heavy opposition. Synonyms: administration, management, directorship, control, governorship, stewardship, hegemony.
 

 

2. ability to lead: As early as sixth grade she displayed remarkable leadership potential. Synonyms: authoritativeness, influence, command, effectiveness; sway, clout.

 

 

3. an act or instance of leading; guidance; direction: They prospered under his strong leadership.

Absence of Leadership: please refer to the Burning Tree Master Association board of directors and officers............ 

Nugget For Today

Insanity: Doing the same thing over and over again and expecting different results.....Albert Einstein

Your Kitchen Table

Hi folks, just wandering what you are talking about ’round your kitchen table these days. Ours gets pretty lively at times with all the news stories, while everyone opines their position. Most recently, there was much laughter and a few tears, as we shared stories about our dad. Memories are so very precious when your loved one is gone; to reminisce of days gone by, was healing, and ended with smiles all around. Heaven knows there is much in our world to cause angst  these days, but with just a click of a button, off goes all electronics and the conversation begins ’round the kitchen table. What is your conversation going to be when your gather ’round?

Very Special Thank You

Hi neighbors, just a quick note of thanks for two special neighbors. Gail Pumpelly, for digging up, separating, and even color coding many of her beautiful iris. If you have not gazed upon those wonderful flowers she grows, I do hope you take the time next season when they are in full bloom. Truly spectacular. Gail has graciously given the iris for the perennial flower bed, and hopefully will bloom in their new home next year. Thanks again, Gail.
Helen Griffin, for being a  special 'take charge' director. Noticing the dilapidated duplex fences (off of Memorial, as you turn into our neighborhood), she contacted the city, and sent a letter to the property owners. Way to go Helen! Returning home today from an errand, was so nice to see work trucks, and new fencing materials. One can only imagine how nice our surroundings would be if (when) other directors followed her lead. Thanks again, Helen.

Operation Of An Association

Should operate like a small business--Not a 'Good ole boy' system....(novel idea)
Written annual goals and plan----Budget...........(quick, someone look up those words)
What service do we provide? To what goals do we aspire?........(huh?)
HOA Golden Rule: Board members should model the behavior the Association expects from members....( is that a misprint)

This is a hilarious post on someone elses blog...about HOAs. Must read.

http://www.ccfj.net/HOASaga.htm

His main page is http://www.ccfj.net

The Tulsa World

 

The Tulsa World

Home - Tulsa Historical Society

Home - Tulsa Historical Society

 

Tulsa Children's Museum - A Museum Without Walls

Tulsa Children's Museum - A Museum Without Walls

An Explanation of Postings

Dear readers of the blog, being a 'newbie' to the world of blogging, I was not aware of limits (actual count of words) for each post. Hence, Mr. Eddie McGovern's letter is posted in two parts. Please read Part One, then Part Two. Thank you in advance for understanding; we are on this adventure together.........

ATTENTION BURNING TREE HOMEOWNERS - PART ONE

When I purchased my home in Burning Tree I was told at closing there was a homeowners association. The first years dues were taken care of at the closing, after that the assessment letter was mailed. I didn’t even know there was a pool or common areas. It took a couple of years to realize that the assessment was for the actual cost of maintenance, repairs, and up-keep of the common areas and the pool. Like most homeowners when the assessment letter arrived in the mail, I just wrote a check and sent it in, never questioning how or where this money was being used.

In 2010 when I retired due to health reasons, my neighbors asked me to get involved in the homeowners association. I had no idea what a homeowners association was supposed to be. Was I in for a shock! I asked a few questions and was informed that each subdivision was a separate corporation and had it’s own By-Laws, Covenants, and Articles of Incorporation. These documents spell out how each corporation should be run and the type of roofing, fences, etc. should be used in the addition. Then I started reading, and reading and reading.

I attended a couple of meeting of the Burning Tree Master Association. I was amazed at how these meetings were conducted, no order and an obvious lack of using the By-Laws. Votes of the residents were not taken on several items as the By-Laws state, only the board of directors. One of the first questions I asked was where can I see a CPA audit of the association? Another question was, why are we paying so much for mowing and are we paying the lowest bid price? Why are we paying so much for three insurance policies?

I decided to seek some of the answers to these questions on my own. I visited other area pools and was shocked to have them open their books to a total stranger. I saw that the average cost to run a pool comparable in size to ours is about $50,000.00 - $70,000.00 per year, depending on repair items. Mowing of comparable common areas was close to $10,000.00 less than what we pay. Insurance for the homeowners association I visited was on average $5,000.00 (we pay $10,000.00). I keep asking HOW this can be and WHY the residents allow this to happen.

There are 330 homes in Burning Tree. With assessments of $250.00 per home this equals $82,500.00 yearly.  Then you add the associate pool fees, at an average over the past five years, according to the records of the Master Association, of $16,000.00, and pool guest fees of $5000.00, and don’t forget those concession fees of $3,000.00. This brings the approximate yearly total of money available to Burning Tree Master Association to $106,000.00. Where has all this money gone? 

I understand that legally you can only go back 7 years from the time of discovery when you discover certain facts. The amount of money given the Master Association over the last 7 years is approximately $742,000.00. The only thing the homeowners have to show for this tremendous amount of money is the same old pool and the same common areas we have had from the beginning. Where has all this money gone? Why did the Master Association not have sufficient records for a CPA audit?  TRUTH IS THERE HAS NEVER BEEN A CPA AUDIT, NOT IN ALL THESE YEARS.

Continued on part two

ATTENTION BURNING TREE HOMEOWNERS - PART TWO

Part Two

The Burning Tree Master Association and the board of directors hired an attorney to look into the legal ties that each subdivision has with the Master. Apparently this was not completed. Burning Tree South filed a petition to amend the covenants, with a majority of homeowner’s signatures, and filed it with the Tulsa County Clerks office. The Master Association sent all homeowners a notice to attend a meeting to discuss this amendment. The attorney representing the Master Association had prepared an “opinion of counsel” stating the things he found wrong with the petition. He also misrepresented the wording of the covenants and their subsequent meaning.

Following this meeting, three homeowners in Burning Tree South hired an attorney to represent them. The attorney, Mr. Thomas Affeldt, issued an “opinion of counsel” questioning the right of the Master Association to assess or issue a lien on individual homeowners. The issuance of such a lien could be considered “Slander of Title”.  This could cause the board of Burning Tree Master Association to be liable for treble damages if taken to a court of law.

The Oklahoma Secretary of State has stated that Burning Tree South (Area 4) and all the other Burning Tree Associations are stand alone corporations with no ties to Burning Tree Master Association.  So far our research of Burning Tree records, minutes, and records in the county clerk’s office has not found a merger document between all the corporations and the Master, nor can any of the “old timers” remember being asked to vote on such a merger. So far we have been unable to find a vote being taken to increase the assessments amount. Did you know the By-Laws state a vote MUST happen?

In April of 2011 I asked the Master Association for a CPA Audit and was told there were not enough records to do an audit. The Master paid a contract secretary, either $400.00 or $600.00 each month to keep accurate and up to date records, this depends on which year’s budget you look at. What happened? It was also stated that my request must be put in writing. I mailed a certified letter to the Master Association requesting a CPA audit and got the same response about the lack of records to do an audit. It is my understanding that the Master has recently filed Income Taxes for 2007 and 2008. I am not aware if the years of 2009 and 2010 Income Taxes have been filed as of this writing.  While I am fully aware you need to file Income Tax before you have an audit, I fail to understand why accurate records have not been kept, and why this practice has been allowed to continue for so many years.

ALL homeowners of ALL Burning Tree Associations need to get involved and attend the monthly meetings of the Burning Tree Master Association. Ask questions, do research. Keep asking questions until you get a satisfactory answer. Don’t settle for being ignored or being told “this is not how we do it.”  This is our money and our responsibility to insure the Burning Tree Master Associations business practices are sound and accurate.


EDDIE McGOVERAN

When do we need a building permit from the City Of Tulsa

BUILDING PERMIT NOT REQUIRED FOR:

• Replacing siding or brick repair 
• Interior remodeling, painting, carpet 

BUILDING PERMIT MAY, OR MAY NOT, BE REQUIRED

 
• Replacing windows of same size  (only if enlarging the size )
• Roofing Replacement  You will need one only if you have more than two (2) layers or replace the decking t

BUILDING PERMIT REQUIRED FOR:

• Moving a wall 
• Patio covers 
• Ceiling fans and light fixtures (both new or replacements) -   (Seriously. The City of Tulsa advised that this is because if your light fixtures were improperly wired and caught the house on fire...and even the house next door your insurance can refuse to pay.
• Hot water tank replacement both gas and electric 
• Driveway replacement
• Exterior remodeling, room addition
• Swimming pools
• Yard lights and street light installation 

To obtain a building permit call 918 596-9601
To report a neighborhood problem such as high grass/weed violations, property maintenance, illegally parked or inoperable vehicle on private property or on city streets call 918 596-2100

Thank you to Eddie McGoveran for sharing this.