Meeting is Called to Order by Will

Dear Edith and Earl,

Sorry it has taken a while to write bout this as I just cudn't process it and still can't.

Now I ask you, why in the world would the BM bored of directors go round to all the homes handing out 1/2 sheets of paper saying on it "A meeting is called to order by the BTMA."   Who thinks you can call a meetin to order on a 1/2 piece of paper? (They trying to save ink by just writing it on 1/2 sheet of paper?)

Bare with me...it gets better.

They put on there it was re: the legal opion of Gabe Gottrocks. Theys trying to sound like theys all up on legal words and they don't even know the definition of legal opion. They din't have no legal opion. They had only a "opion of counsel". That one made me laugh and  laugh so hard I was stomping the ground with my right foot. It scared my best hunting dog. He started running in circles and got tangled up in the clothes hangin on the clothesline. That started him howling which brought my bride of many years tearing outside as fast as she could go, to see what the ruckus was about. She was plumb mad til she saw that lopsided 1/2 sheet of paper about a meeting called to order and a legal opion and she howled louder than Puddles was doing. It would have been hard trying to explain to the neighbors but by then they had gotten their'n paper and were whooping it up in their own front yards. 

None of us were sure zactly tho who they was meaning when it said on that fancy invitation "This meeting is open to all Home Owner Association members of BTMA." The Secretary for the State said the BTMA doesn't have any of them. (I ain't wasting my time trying to help them learn--there's no use explaining to those who aren't capable of understanding.)   

I knew you would enjoy this as much as me.

Until we laugh again,
Will


 

Will's Loverly Day

Well here it is such a loverly day what with the weather bein so nice and all, an was jest thinkin on how we could maybe catches some of it an sprenkels  it on over to the howses where those direckters livin. Yessirree Bob, would shurley help them attitudes!

I been hereing from peoples ‘round the areas an jest scratchin my head as to why them direckters bein so meen to some of ‘em who wants to take there little ones down to the pool even if they hasnt payed them, wat-cha-ma-call-it, oh yeah, doos.  Them little ones jest unnerstand all they wants is to git there little feets in that cool water on those hot days, an some meen ole thing is yellin at there paerents sayin they hasnt payed them doos.  And even kids who went as guests of neighbors who was all payed up, they still didnt let those little ones to swim even when they was gonna pay them guest fees. All because those meen ole women was mad at there paerents fore not payin up as yet. Shore ‘nuff is won sad day when you makes little ones cry, ‘stead of lettin those lil childrens come downs to play in that cool water on them hot summr days.

Oh an theres ‘nother thing that what gits me to wondering.  That ole Paula-tics woman wanted to give all them direckters special rates fore  bein on that thing called “the bored”, when she was the permanent presedent.  And they says if I dont believe it, to go look at them past meetin records.  They also tells me that she done built herself 5 of them outhouses behind and on the side of her house , but wasnt gonna ok any more fore them other folks.  Shure dont know hows  those other folks  gonna go to the bathroom without no outbuildings.

Another thing, where some of  that loverly weather in the bottles could be sprinkeld on is those peoples who run that pool, ‘cause  they changes there minds so often as how to run it.  Like that lady who "runs with her hair on fire" all over to the area, she was gonna take charge and work fore free so that pool could save a whole bunches of money.  Why she declared it so over to one of those bored meetins. Shore nuff she said it.  But what is so darn funnys that she made sure she got paid afterall and that other mangers down to the pool, did, too....no vote of the bored and she hired her grandson and that directors daughter and they was all paid REALLY good...and nobody in the entire HAOa was consulted. Were you? No vote.   Figure they needed somemore  help so theys could tern ‘way all those people who didnt pay there doos. 

Will's Big Disappointment

At the last dog and pony show that old bored member who ALWAYS says in that voice "you all knew  when you moved here that you had to pay 'ssements ".  Now we had give up trying to 'splain to him cause he just never could understan. We started taking bets on how quick into the meet he'd be letting that rip.

But I tell you what....You coulda knocked me over with a fender. I guess he learnt somethin by reading all them blawgs. At that anal meeting this time he din't even bark that out, so's I lost my silver dollar.  It's a fine time to leave me Lucille, so Thanks, Dood.

Ok, maybe it din't sink in when he was on the bored but it appears to me that he finally gets after all these years that not ever body knew. Now how could ever one know, I ask you, since the corprations wasn't even formed until after lots of homeowenrs was done alrady living here in Utopia. 

Maybe he din't understand the facks since he bought a used house.

Will's Understanding Of Burning Tree

You don't have to hit me in the head with a shovel too many times fer me to git somethin.  I got it: All them folks over to the Coventry Park Apartments (AP MCD COVENTRY PARK LLC C/O MCDOWELL PROPERTIES. There you go....the Coventry Park apartments are shown to be a part of Burning Tree!)_and the Silver Springs is part of the Burning Tree Master Association. It shore nuf makes a person on the board proud to be over so many folks. Them duplexes gives us more people to control and that is like licking all the icing off the cake,  I tell  you what.  Let's plan a little shindig down to the pool for everone to get to know each other better....Of course, free food for all! We got plenty of money for things like that.

Maybe one of our career board members could give us the name of one of their relatives to hire to knock down that fence. It will encourage for our good neighbors at the apartments to get in to enjoy the facilities any time they want.

The key will be under the mat if they want to get in and help 'em selves to the soders and candy bars. 

Great Insight by Mark Basore!!!

 
 

Mark Basore (March 21, 2011)

RE:Five Neighborhood Associations and The Master Association
Burning Tree One, Burning Tree East, Burning Tree Plaza, Burning Tree West  and Burning Tree South


The first question: Does anyone have signed copies of the Covenants and the By Laws for any of the five different entities listed above? If none are signed, executed by someone with authority to sign them we are looking at documents that are no more than a draft with no official authority.

The Second question: Assuming there are signed originals or at least copies of each of the 10 documents, Covenants and By Laws for each of the five entities, how many of the neighborhoods have a functioning Association?

What I think I have witnessed is that there are no neighborhood associations actually functioning at this time. The Master Association is the only entity currently in operation.

I am not certain that what I have stated is correct, it is my observation and would appreciate any and all comment to improve my understanding of the BT associations.

Thanks in advance for your help.
Mark Basore

Mark Basore

March 23, 2011 

No Signed Documents – No Authority in the Documents, they would be considered to be “drafts” of what could have been.

The Master Association has NO AUTHORITY over individual Neighborhoods. It has all authority over the common areas, the pool and the tennis courts.
If the Covenants and By Laws, two individual documents, can not be found to having been signed by an Officer with “authority” to sign them, then we have no Covenants or By Laws governing the affairs of Burning Tree or any sub-part thereof.

It is very important that signed documents be located.

Mark Basore

In Their Own Words

Past board members and others....In Their Own Words

The purpose of this series is to show that honest questions have been and continue to be asked, with little or no resolution, and how questions began.  Hence, the frustration and lack of participation of the residents to attend meetings. Hopefully, this will shed some light on how and where it all began.

For your reading enjoyment lets take a stroll down memory lane, and see "in their own words", perspectives from residents on various subjects. Not rumors, or innuendos, just honest people asking honest questions.

During this series of posts, each topic will have the title In Their Own Words followed by the specific topic.

• Click here and then read the comments at the bottom to read what Janie Lyon  wrote telling how they decided to combine the corporations without the merger the Oklahoma Statures calls for. 
• Mark Basore asks some questions

A Response To The Board

I attended the Annual Meeting last night, and agree with the comments posted regarding the lack of attendance. One must ask the question, why so little turnout? Some would have you believe it is because of all the information that has been gleaned from countless hours of combing through all our pertinent governing documents, and having that information posted on the eight or nine blogs that have been started throughout the areas.

When did having the knowledge of how our HOA was or was not properly formed, and exactly what our governing documents say, somehow become treasonous? How is Burning Tree supposed to function properly and flourish if the truth is not known? A comment from one of the directors to me last night  was, "there have been so many lies spread about the Board of Directors, and the hurt is so deep. It seems as if someone wants to tear it all down."  I would like to speak to this issue.

Since when is bringing to light wrongdoings considered "tearing it down"? The Burning Tree Master Association Board of Directors forcing homeowners to do something which is illegal is what tears it up!  Board would not listen when numerous homeowners have questioned them; choosing instead to ignore it because "we have always done it this way".  Many homeowners have expressed serious concerns about those board members, both past and present, who are frantic  to hide deeds like a cat covering their stinking deeds in the litter box....calling unlawful meetings* to throw out those who are willing to stand up and expose the truth.  (i.e. When "someone" ran around claimed she was calling a special meeting,  to remove TeShauna, who had replaced that "someone"  and  TeShauna was asking a whole lot of questions.)

*According to both the by-laws and Oklahoma statues that govern corporations.


What has gone on for years is shocking! Good and decent people have told how some on the board have humiliated them by digging up dirt on them to share at meetings. What kind of person is into schadenfreude (pleasure derived from the misfortunes of others) and likes the power of knowing who has filed bankruptcy, foreclosure, been divorced,  had children out of wedlock,  who is having it rough financially and may owe some back taxes to the IRS after losing their job?  And the really hateful things being passed around in e-mail that "accidentally" got sent by one of the vicious ones to one of the homeowners they were ripping apart. What rights do board members have to sit in judgment? Is it that you just like the power of being able to control people?

 See list that will be posted soon.

Ecclesiastes 3 says there is a time for everything,  and a season for every activity under the heavens:   a time to tear down and a time to build,   

 Why doesn't the Burning Tree Master Association board of directors use that energy to help make it a community instead of tearing  down the neighborhood?

Yes, I do know what it is like to experience profound hurt because someone wanted to 'keep us quiet' when we questioned how things were being run; and that person did not want us involved. Period. Power hungry, control minded people can be ruthless if they perceive another as a threat. Such people live in a constant state of warped reality, if the only way they can feel better about themselves, is to tear others down. But the really sad thing is, other people watch how these people operate, and do the same yet  to others, and this must stop before the healing process can begin. Look in the mirror, integrity starts there. To "fix" the hurt, it must begin with each and every one of us.



Claudia Nelson

Burning Tree East Deed of Dedication/Covenants

 
The subdivisions are not tied to the Burning Tree Master Association (BTMA) in any way, according to the office of the Oklahoma Secretary of State. However,  the BTMA board continues to assess homeowners for what they do NOT owe. At the same time the  BTMA refuses to assess apartment and duplex owners within the subdivisions.

This is the way to keep apartment and duplex dwellers from enjoying the recreational facilities.   The BTMA states, in their demand for money, that assessments will be used for upkeep, repairs and maintenance of their common area and their facilities. However, receipts show that funds from the assessments are being used instead for such things as social events, church donations, swimsuits, tee shirts, shorts, etc.

_______________________________________________________________

Confirmed by Tulsa County Land Records: Duplexes and apartments are a part of Burning Tree as the Certificate/Deeds of Dedication have never been amended. (Be sure to scroll to the bottom of this page for much more interesting information about our subdivision.)

 

DEED OF DEDICATION

Burning Tree East

_____________________________________________________

KNOW ALL MEN BY THESE PRESENTS:

REGENCY PARK, INC  an Oklahoma Corporation is the OWNER of the following described property:

All that part of the East Half of the Northwest Quarter (E/2 NW/4) of Section 1, Township 18 north, Range 13 East of the Indian Base and Meridian in the City of Tulsa, County of Tulsa, State of Oklahoma, more particularly described as follows, to-wit:
Beginning at a point in the East boundary of said E/2 NW/4 a distance of 500.00 feet South of the Northeast corner thereof; thence S 0°05’51″W along the East boundary of said E/2 NW/4 a distance of 1360.78 feet; thence S 58°28’35″ W a distance of 140.88 feet to a point in the Northerly right-of-way line of East 64th  Street South as dedicated in “Burning Tree”, an addition to the City of Tulsa, State of Oklahoma, according to the official recorded plat thereof; thence Northwesterly along the Northerly right-of-way line of said East 64th Street South as follows: N 31° 31’25″ W a distance of 0.00 feet; thence Northwesterly on a curve to the left having a radius of 580.00 feet, a central angle of 5° 55’38″ for a distance of 60.00 feet; thence Northwesterly on a curve to the left having a radius of 548.02 feet, a central angle of 32° 28’19″ for a distance of 310.59 feet; thence N 69°55’22″ W a distance of 436.96 feet; thence Northwesterly on a curve to the right having a radius of 675.00 feet, a central angle of 40°04’53″ for a distance of 472.20 feet; thence N 29°, 50’29″ W a distance of 71.00 feet: thence N 60° 09’31″ E a distance of 18.82 feet; thence Northeasterly on a curve to the left having a radius of 200.00 feet, a central angle of 34°38’52″ for a distance of 120.94 feet; thence N 25°30’39″  E. a distance of 286.77 feet; thence Northerly on a curve to the left having a radius of 255.00 feet, a central angle of 41°44’12″ for a distance of 185.75 feet; thence N 16°03′ 33″ W a distance of 19.04 feet; thence N 73° 46′ 27″  E a distance of 60.00 feet; thence S 85°21’27″ E a distance of 416.10 feet; thence N 0°05’51° E a distance of 156.45 feet; thence S 89° 56′ 00″ E parallel to and 500.00 feet from the North boundary of said E/2 NW/4 a distance of 500.00 feet to the point of beginning, containing 26.680 Acres, more or less.

WHEREAS, the said OWNER has caused the above described property to be surveyed, platted and staked in conformity with the accompanying plat which it hereby adopts as the plat of the above described land as “BURNING TREE EAST, to the City of Tulsa, County of Tulsa, State of Oklahoma;

AND WHEREAS, “BURNING TREE EAST” was processed as a part of BURNING TREE, planned Unit Development No. 112 pursuant to Sections 910-970 of Title 42, Tulsa Revised Ordinances of the City of Tulsa, as the same existed on Nov. 24, 1971, the approval date of Planned Unit Development 112 by the Tulsa Metropolitan Area Planning Commission.

NOW, THEREFORE, the Corporation hereby dedicates for public use all of the streets as shown on said plat. For the purpose of providing an orderly development of entire tract, and for the further purpose of providing adequate restrictive covenants for the mutual benefits of itself and its successors in title and the City of Tulsa to the subdivision of said tract, hereinafter referred to as Lots, said Corporation does hereby impose the following restrictions and reservations and creates the following easements of which it shall be incumbent upon its successors and assigns to adhere, to-wit:
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until November 1, 1993, at which time said covenants shall be automatically extended for successive periods of ten (10) years; provided, however, after November 1, 1993, the then owners of a majority of all the lots in said Addition may change or vacate these covenants, either whole or in part, which change or vacation shall be evidenced by an instrument in writing signed by the then owners of a majority of all lots in said Addition and duly filed or recorded in the office of the County Clerk of Tulsa, County, Oklahoma.

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.

Invalidation of any one of these covenants by judgment or Court Order shall in no wise  affect any of the other provisions which shall remain in full force and effect.
A. Lots Five (5) through Eleven (11), Block One (1); All of Block Two (2) and All of Block Three (3), except Lots One (1) through Eight (8), shall be single family residential lots. The use of any single family lots shall be regulated by subheadings of this paragraph and by paragraphs D through L.

(a)  No structure which exceeds two stories in height shall be placed, erected, altered or permitted to remain on any building lot.

(b)  All single family residences must have a private garage for not less than two cars attached to the residence.

(c)  No dwelling shall have a roof pitch of less than 2″ in 12″ except the Mansard style roofs. Other flat roof area not to exceed 20% of the total roof area may be allowed with the specific approval of the Design Committee.

(d) No building or parts thereof, except open porches and terraces shall be constructed and maintained on any lot nearer to the front or side street lot lines than the building lines established on the recorded plat of said Addition, or nearer than five (5) feet to any side lot line. All garages, tool sheds, hobby rooms, etc., shall be attached to the dwelling.

(e) All houses, garages, and building of any kind must have a roof covering of wood shingles, cedar shakes or built-up roof with gravel covering or any other  roof covering approved in writing by the Design Committee. No other kind or type of roofing will be permitted.

(f) No single family dwelling shall be erected, the ground floor of the main structure of which, exclusive of open porches and garages, is less than one thousand eight hundred (1800) square feet in area for one-story dwelling, nor less than one thousand two hundred (1200) square feet on the ground floor, and not less than six hundred (600) square feet on the second floor for one and one-half story dwelling or two story dwelling.

(g) No more than one structure shall be erected on any lot now platted.
B. Lots One (1) through Four (4), Block One (1) through Eight (8). Block Three (3)  and All of Block Four shall be designated as duplex lots. Any single family use of such lots shall be regulated by provision in these covenants pertaining to single family residential lots. Two family use of these lots shall be regulated by subheadings of this paragraph and by Paragraphs D through K.

(a) No structure which exceeds two stories in height shall be placed, erected, altered or permitted to remain on any building lot.

(b) All duplex structures must have private garages for not less than two cars per family attached to the residence.

(c) No duplex dwelling shall have a roof pitch of less than 2″ in 12″ except for Mansard style roofs. Other flat roof area not to exceed 20% of the total roof area may be allowed with the specific approval of the Design Committee.

(d) No building or parts thereof, except open porches and terraces shall be constructed and maintained on any lot nearer to the front or side street lot lines than the building lines established on the recorded plat of said Addition, or nearer  than 5 feet of any side lot line. All garages, tool sheds, hobby rooms, etc, shall be attached to the dwelling.

(e) All houses, garages, and buildings of any kind must have a roof covering of wood shingles, cedar shakes, or built up roof with gravel covering or other roof covering approved in writing by the Design Committee. No other kind or type of roofing will be permitted.

(f) No duplex dwelling shall be erected, the ground floor of each unit of which, exclusive of open porches and garages, is less than 1300 square feet in area  for a one-story unit, nor than 500 square feet on the second floor of a one and one-half story unit or two story unit.

(g) No more than one structure shall be erected on any duplex lot as now platted.
C. Total dwelling units within PUD # 112 shall not exceed 1077.

D. No noxious or offensive trade or activity shall be carried on in any part of the property above described which may be or become an annoyance or nuisance to the neighborhood;  no animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purposes.

E. No trailer, basement, tent, shack, garages, barn or other out-building erected in the tract, shall at any time be used as a residence, temporarily or permanently, and occupancy shall not be permitted in any structure until the same is fully completed.
F. No structure previously used or erected shall be moved onto any lot.

G. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) feet and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot with the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street  property lines or in the case of the rounded property corner, from the intersection of the street property lines extended. The same sightlines limitation shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway. No tree shall be permitted  to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. On corner lots, no fence shall be extended beyond the 25 foot building line.

H. No building, fence, wall or any type structure shall be commenced, erected, or maintained nor shall any addition thereto or change or alteration thereon be made until plans and specifications,  plot plan and grading plan therefor or information satisfactory to the Design Committee shall have to be submitted to, and approved in writing by the  Committee. In passing on such plans, specifications, plot plan and grading plan, the Design Committee may taken into consideration the suitability of the proposed building or other structure and of the materials of which it is to be built, the site upon which it is proposed to  erect the same and the harmony thereof with  the surrounding area and the effect of the building or other structure as planned on the outlook from the adjacent or neighboring property. Should plans be submitted and no action taken by the Committee within fourteen (14) days of the submission of said plans, then in such case said plans shall be deemed approved.  The members of the Design Committee shall be N.D. Henshaw, James R. Riley, Barbara F. Henshaw or their duly authorized representatives.   Any two members of the Design Committee may grant approval. In the event of death or resignation of any member of the Committee, the remaining members shall have authority to designate a successor. The members of the Committee reserve the right to dissolve the Committee by a simple majority vote. In the event of such dissolution, Architectural and Design approval shall rest in the Board of Directors of Burning Tree Master Association.

I. The undersigned Owner further dedicates to the public for use forever, easements and right-of-way as shown and designated on the accompanying plat for the several purposes of constructing, maintaining, operating, repairing, removing and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, gas lines and water lines, together with all fittings and equipment for each of such facilities, including the poles, wires, conduits, pipes, valves, meters, and any other appurtenances thereto with the right of ingress an egress to and upon said easements and right-of-way  for the uses and purposes of aforesaid together with similar rights in each and all of the streets shown on said plat.

J. In connection with the installation of underground electric service or telephone service, all of the lots are subject to the following provisions, to-wit:

(a) Overhead Pole Lines for the supply of electric service may be located in the easements along the boundaries of the subdivision. Street light poles or standards may be served by underground cable  and elsewhere throughout said Addition all supply lines may be located underground, in the easement-ways reserved for general utility services and streets, shown on the attached plat. Service pedestals and transformers, as sources of supply at secondary voltages, may also be located in said easement-ways.

(b) Except to houses on lots served by lines described in paragraph (a) above, which may be served from overhead electric service lines, underground service cables to all houses which may be located on all lots in said Addition may be run from the nearest service pedestal or transformer to the point of usage determined by the location and construction of such house as may be located upon each said lot; providing that upon installation of such a service cable to a particular house, the supplier of electric service or telephone service shall thereafter be deemed to have definitive, permanent, effective and exclusive right-of-way easement on said lot, covering a five-foot strip extending 2.5 feet on each side of such service cable extending from the service pedestal or transformer to the service entrance on said house.

(c) The Supplier of electric service or telephone service through its proper agents and employees shall at all times have right of access to all such easement-ways show on said plat, or provided for in this Deed of Dedication for the purpose of installing, maintaining, removing or replacing any portion of said underground electric facilities so installed by it.

(d) The owner of each lot shall be responsible for the protection of the underground electric facilities and telephone facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said electric facilities. Repairs or cost of relocation, required by violation of this covenant, shall be paid by the owner of the lot.

(e.) The foregoing covenants shall be enforceable by the supplier of electric service and/or telephone service and the owner of such lot agrees to be bound hereby.
K. Membership in Home Owners’ Association.

(a) Any owner of any lot within said subdivision shall become a member of Burning Tree Area #5 Owners’ Association,  or Burning Tree Area #6 Owners’ Association by purchasing a lot within said subdivision and membership therein shall be thereafter appurtenant to the ownership of said lot. One cannot be transferred without the other. Owners of Lots 1 through 4, Block 1 and Lots 1 through 3 and Lots 1 through 13, Block 4 shall be members of Burning Tree Area #6. Owners of Lots 5 through 11, Block 1  and Lots 1 through 18, Block 2 and Lots 9 through 44, Block 3 shall be members of Burning Tree #5 Association.  Voting within Burning Tree Areas #5 and #6 Owners’ Association will be on the basis of one vote per dwelling unit owned, and assessment shall be made on a “per dwelling unit” basis. Each and every lot owner shall have an easement to use facilities on the Association of which said lot owner shall be a member of the Burning Tree Master Association, subject however, to the rules and regulation thereof. Membership in the Association shall be subject to assessments for the actual cost of maintenance, repair and upkeep of the common areas of the subdivision for the unpaved areas of the Boulevard and facilities as designated on the overall developmental plans for Burning Tree. Annual  assessments for maintenance, repair, and upkeep shall be a lien upon any lot of any owner in said subdivision, and shall be subject to enforcement as provided in the By-Laws of the Association. The Articles of Incorporation, By-laws  and rules and regulation may be examined at either office of Regency Park, Inc, 9511 East 46^th St., Tulsa, Oklahoma, or at the clubhouse office of the Association to be built in said subdivision.

(b) The owner of any lot by acceptance of a deed therefor, shall be deemed to have accepted  membership in the Burning Tree Area #5 Owners’ Association or Burning Tree Area #6 Owners Association, agreed to abide by the rules and regulations of the Association concerning the use of the facilities, open spaces and recreation areas; and agreed to pay assessments made for the maintenance, repair and upkeep of the common areas of the Association.

(c) Maintenance assessments by Burning Tree Area  Owners Association or Burning Tree Master Association, Inc  shall be a lien on the lot assessed, but shall be subordinate to any first mortgage made in good faith and for value.


L. Lots 15, 16, 17 and 18, Block 2 are hereby dedicated to the City of Tulsa for a storm water detention facility, provided however, that in the event said storm detention facility, as a result of drainage improvements, is no longer required by the City of Tulsa, Lots 15, 16, 17, and 18, Block 2, by action of the Tulsa Board of Commissioners, shall, at that time revert to the undersigned grantors, their heirs, successors or assigns,

IN WITNESS WHEREOF, said REGENCY PARK. INC., an Oklahoma corporation, has caused these presents to be executed and its corporate seal to be hereunto affixed by its corporate officers hereunto duly authorized this 8th day of September, 1977.

ATTEST:
REGENCY PARK INC
N.D. Henshaw Secretary
Barbara F. Henshaw President
STATE OF OKLAHOMA)    ss.
COUNTY OF TULSA)

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Additional information

1. BURNING TREE EAST  (Very important!!)
2. Look at the INCOG maps (zoning for Tulsa). The duplexes are there!
3. Property Search — Tulsa County Assessor Accept it, then look under subdivision Burning Tree East and click on the owners name.(While you are there if you will go in under simply Burning Tree to look for AP MCD COVENTRY PARK LLC C/O MCDOWELL PROPERTIES. There you go....the Coventry Park apartments are shown to be a part of Burning Tree!)

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Will's Meetin Report

 Them direckters they found sumpin called byelaus and theys turned them evr which way, scratchin theys heads an wanderin wat  in the tarnation was they had in their hands. Theys readin 'em to us and looking like a deer caught in
the headlites ackting like it wus the  first time they seen em about wat they was spost to be doing to
hold that high honor there on the Master Asso board. I wanted to say, "Close yur mouth, the flies
will git in there!" Ya kno, most times them direckters jus talkin an talkin tellin us wat we gonna hafta do, but las nite they sure wus not talkin much. An fer sum reasun no body got 'leckted, theys jus kept sayin we didnt have no quorm. Ever body wus sure 'prised cause all them years passed 'fore, an peopls got ther selvs 'leckted even ifs thers jest a fewe showed up. Shore nuf.

An gonna sit me besides that fella in the blu shirt who wus hollerin 'cross the room at the othr fella with all that hair. An that old fella who is 'scarin 50 hisself' but fancies he is young, tellin people jus to moove ifn they dont like wat is goin on here in the 'hood. 'Cause us fellas gots to stick 'gether. Yep.

An we gits to do it all 'gin nest week. Hopen they puts out sum reel vittles, them cookies aint reel food wen yur hungry.  Shore 'nuf.

I wans to make sure theys have time to acks some questions abut Paula-tics at the next meeting. Reckon she will be there. 'Bout an hour an haf is wat I wants for mysself  so I's can acks mys questions.


Heard that that Tracy the lawnmower dood that's wife she wus yellin at that othr meeting over that paper that just 'peared, wants back on that board agin now that he's good an miffed that they din't give him no new lawnmowing contract this yer, cause they did las time he was on the board. It is hepful to be "in on the lupe" so's one knows when the necks contract is gonna be an how much others is biddin'. Love the way them Paula-tics works.

*Conversations In The 'Hood' - Redneck Style

"How goes it Will"?

Ah, not so bad really, jest getting ready for the ole annual meetin down to the pool, they gonna 'lect some new people.

"Well, that ought to make for a lively evening".

Uh-Huh. Yep, don't really know why, cause there be only a handful of  the same people whats get elected each year. Most folks dont wanna be 'round that one who runs like her hair is on fire, ya know, the one who gits mad at them meetings when she dont git her way, and stomps out?

"No, Will, I am not sure who you are speaking about". No matter, she ain't that 'portant, anyhows.

"Will, look on the bright side, maybe some new people will get elected and make some really good changes".

Ya really think so?

I mean to tell you, theres always the same ones year afta year, and dont tell no body what they doin; or they just do what is pleasin to them.

"Will, it can't be all that bad!"  I tell you what, why dont ya come on down to da pool, and see fer yourself, watch 'em in action.

Why jest this year they lerned what all them 'portant  papers meant by readin them blawg things.

"What?"

Yep, all these here years, they never knowed what them papers said, or 'ifin they did, they didnt pay attention.

"Really?"

Shore 'nuff.


* A little humor is good for the soul..................

Notes Before The Annual Meeting

“All that is necessary for evil to triumph is that good men (and women) do nothing.” Edmond Burke

An industry this corrupt exists only because the public allows it to exist. For the HOA homeowner, apathy is the root of all evil. Today as always, the Homeowners Association rests upon a solid foundation of homeowner apathy. The apathetic nature of the American people is the foundation that supports our current system of government by special interest groups. Democracy is a wonderful system but it’s very easy to abuse. Democracy requires participation; it responds to those who take an active role in its creation. The system favors the participants, not the bystanders whether it be on a national level or right there in your own little community. If you want an orderly, democratic neighborhood, and not an oligarchy, you are going to have to participate.

It’s unfortunate, but sooner or later most people who live in HOAs become disenchanted with their board of directors. Yet, they will often endure their resentment in silence; they don’t know what to do, and so they do nothing—they become apathetic. Apathy is particularly damaging where homeowners associations are concerned. You already know that HOAs lack the system of checks and balances necessary to provide oversight and accountability.  The only measure of oversight and accountability that can be brought to bear on a rogue board has to come from the homeowners themselves. If their presence is not felt, abuses will occur.

 There is a great deal of fear of the BTMA board and I suppose you can’t really blame the other homeowners for their reluctance to get involved. I can’t even remember all the people in our neighborhood that, at one time or another, tried to get involved with our HOA only to be quickly driven off in disgust by the nasty behavior of our "career" board members. One of the ways we can begin to awaken our community and generate support for a "changing of the guard" is to expose their activities. The things that they do are terribly difficult to justify. This is why they try to do so much of their dirty deeds in secret, which is why you must expose them at every turn.

So dear residents of Burning Tree read all the blogs, do your own research, weigh all the facts and get involved. If you want new faces on the board and a different and better approach for solutions, join in the festivities ( Annual Meeting)  September 27, 7pm at the pool pavilion. See you there..........

Recap:   For far to long we as a neighborhood have sat on our hands waiting for someone else to fix the problems and find solutions. If we are not part of the solution, then we are the problem.

Were you aware you pay twice to have the city's property mowed?

The homeowners' association papers were never executed or filed properly with Tulsa County (therefore not legal), is true and factual, no matter how much some people may want to believe otherwise...and they certainly want you to believe it. 

The developers decided they could build many houses on smaller lots and the areas that could not be built on, they sold and packaged as "common areas" so all the lot owners would pay for and maintain. This was beneficial to the City of Tulsa as they could collect property taxes and not have to pay for the maintenance of those common areas.

Pretty slick, right? We, as lot owners, pay both property taxes to the city, plus 'association dues' for maintaining the common areas. (And some of the land being mowed doesn't even belong to Burning Tree Master Association.  Check the facts! The Tulsa County Assessors site shows how much of it actually belongs to the City of Tulsa!!!)

Any light bulbs going on yet?  

UPDATE: In a letter received by Burning Tree Master Association Kingsridge Estates is wondering why Burning Tree Master Association is mowing their land.

Letters From Attorneys

LETTERS TO BURNING TREE MASTER ASSOCIATION FROM ATTORNEYS:

1. REPRESENTING  SEVERAL HOMEOWNERS
2. ANOTHER HOMEOWNER  HIRED ATTORNEY SCOTT BYRD (RIGGS, ABNEY, NEAL, TURPEN, ORBISON & LEWIS)

FILING LIENS WITHOUT AUTHORITY TO DO SO CAN BE SERIOUS FOR ALL WHO SIT ON THE BOARD AT THE TIME A LIEN IS FILED

• SLANDER OF TITLE
• TREBLE DAMAGES 
• CREDIT HISTORY EFFECTS EMPLOYMENT

A lien on a homeowners property, can affect ones credit. Credit is checked when one applies for a loan, or a re-finance on their home (resulting in higher interest payments to the homeowner). Companies also check credit when one applies for a job and unauthorized liens can result in the homeowner not being hired. Messing with ones credit can be very serious.  (Click on the above links to see just how serious.)

We Have The Facts

BTMA CANNOT LEGALLY ASSESS AND NEVER SHOULD HAVE AND HERE IS WHY:

According to a  1975 Oklahoma statute those forming an “owners association” must file an instrument* at Tulsa County showing that all homeowners at that time, acknowledged and signed prior to the forming of a HOA.  However, Tulsa County has advised that NO DOCUMENTS WERE FILED by those who formed the subdivisions with the homeowners signatures, prior to the formation of the corporation.

Since the Master Association has no authority to make such assessments against the lot/homeowners , then, the filing of any lien for failure to pay the assessment would be unauthorized and unlawful.

Filing of an unauthorized lien for failure to pay dues would constitute SLANDER OF TITLE. Both the Master Association and board members could be liable for treble damages, court costs and attorney fees in such a situation.

Since nothing was filed beforehand then we cannot be a mandatory HOA. The reason for the  petition being signed and filed in Tulsa County, is to simply correct the Deed  of Dedication (Covenants) that this is not a mandatory HOA (but voluntary), ensuring that future homeowners will also know the facts.

*Instrument:  a written or printed paper giving information about or proof of something.

  

A Matter of Principal

How many times have we heard someone droning on at every meeting they attend, "It is only $250 a year assessments." Or the worn out, "You knew when you bought your house, there were homeowners dues."


Uh-Huh. It is not the $250, it is the principal of having some entrenched, career board members waiting for you to miss paying so they can run down to the court house and slap a lien on your property if you fail to comply!
 

Making up their own rules they spend our hard earned money they way they want, without having a plan for future repairs, and when extra money is needed, they scream "Special Assessment".  Then they make up a list of all those in arrears, and attach the list to the year's end  financial statement for everyone to see. Real classy and professional. For those of you still in the dark on the beginnings of HOAs, the following statement sums it up very well. HOAs are the last bastion of communism.

 For the thirty odd years this homeowners association has collected money from each and every home, what do we have to show for it? A pool with a slide, and the beginnings of a perennial flower bed (that will take another complete post). Oh, and the beautiful signs at each entrance into our addition and the decorative wall around the area that says, wow, this is the 'in' place to live. And don't you just love all the festivals on our common areas? Wasn't that a great Farmer's Market this year on the grounds by the pool? Just love how our career board members make sure that our streets are cleared of ice and snow, so we can get to work in those winter storms. Job well done, indeed.

Choices on Tuesday, September 27th. Continue to elect the same people who have been on the board since 2008, (or longer), or step up and serve* and let's show Tulsa that  Burning Tree Addition is the place to live.

*Our first president of the United States, George Washington, only wanted to farm.....thank heaven he stepped up to serve..............

anybody can be elected to the Burning Tree Master Association board, good standing or not.

                                 According to The Burning Tree Master Association BY-LAWS Article VI 

     
     This was sent to us from a homeowner who has read the BTMA by laws. Thank You.

 1. The affairs of the Association shall be managed by a board of directors who need not be members of the Corporation. This means anybody can be elected to the Burning Tree Master Association board, good standing or not.

ATTENTION!!!! Did you get the notice about the Annual meeting

Before you do anything read what we found on "The Homeowners Association Handbook".

• Proxies- A recipe for Disaster!!!
• Proxies- Must be in compliance with the Law
• Proxies- Who can vote your proxy for you? 
• Proxy for elections
• Nominating Committee

Your proxy IS revocable, if you accidentally already sent it in. Write out a new one in your own handwriting or type it. Date it and put in there the name of the person you trust to vote your proxy ballot at the meeting, the date of the meeting and specifically what they will be voting for you. (See the link above called "Must be in compliance with the Law". Had this proxy been done correctly it should have had the candidates names on it so you would know who would be voted by proxy, for you.)

Remember what was sent to you was not the ballot and it did not have the names of the candidates on it, as it should have. 
 

Rogue Board horror Stories

• At a general meeting of the association, during a heated discussion concerning the board’s heavy handedness, one of the board members stood up and said, “We are the board and only we know what is best for the community.” This comment prompted a hasty adjournment and a dash for the parking lot.

• In a conversation with a local reporter, one of our board members gave explicit instructions on how the board was to be approached:

“…They can voice complaints by coming to us in a respectful manner."

Now who do you think will be just dying to occupy these positions of boundless authority completely free of personal accountability and requiring no more qualification than a measurable pulse? Of course, it will be the neighbors from hell!

The CC&Rs provide board members with powers and perks that would make any third world totalitarian dictator emerald green with envy.

Voting By Proxy? Why you must be careful.

Today Burning Tree residents received in the mail the official notice of our Annual Meeting. Excellent. It is an interesting day indeed, when our current Board of Directors must read the numerous blogs to find out what is in our governing documents. Indeed, it is.

 This is an absolute MUST READ: Specific or blank proxies?

That being said, please  be very careful to whom you give your proxy, should you decide not to attend. We have all heard and read the horror stories about neighbors that gave a proxy (with their choice of candidate not filled in) so their voice could be counted, only to find out that instead of the proxy being cast for their choice, it was used to keep the same people in office. (AND THAT IS HOW SOME KEEP THEMSELVES IN, MAKING A CAREER OF IT AND MAKING BAD DECISIONS WITH YOUR MONEY! This is why it is unwise to hand over a "proxy" (your vote) when they didn't even put on there names of the candidates who will be running.  You do NOT have to give it to a board member as they will simply vote it the way they want!  This is how boards become entrenched with the same status quo. Certain ones ran helter-skelter all over the neighborhood collecting proxies, like they were doing a wonderful service for homeowners.  It kept them in power doing what they wanted.

  Instead, give your proxy to a neighbor who can be trusted to vote like you desire.

History must be our guide, because after all these years you have paid money and you did not owe it to the Burning Tree Master Association!!


So before you hand your blank proxy over to just anyone, please be certain they will vote your choice for director. As in any local or national election it is so very important to have our voices heard, our neighborhood is no exception.

DO NOT ASSUME THE FOLKS LISTED AT THE BOTTOM ARE THE CHOICES FOR THE NEW BOARD! YOU ARE BETTER OFF EITHER GOING TO THE MEETING YOURSELF TO FIND OUT WHO WILL BE THE CANDIDATES OR NOT TURNING IT IN TO ANYONE!

MORE ON THIS ANNUAL MEETING  (MUST READ)

Interesting information here 


Before you do anything read what we found on "The Homeowners Association Handbook".

• Proxies- A recipe for Disaster!!!
• Proxies- Must be in compliance with the Law
• Proxies- Who can vote your proxy for you? 
• Proxy for elections
• Nominating Committee

LEARNING WHAT IS GOING ON IN Burning Tree Master Association (BTMA)

It is time for all of us to realize that HOAs, just like this nation, are not ruled by a special class of individuals, but by all homeowners. To understand what’s going on in your HOA, go to the monthly meetings; ask questions, read the covenants for your area and the by-laws, research what is going on, ask more questions, demand to see the records and all the governing documents*. Hold accountable the ones who are making the decisions. Vote for only the qualified candidates. 

Banding together and knowing our by-laws we can make a HUGE impact as we bring everything into the light. 

It is your money that is being spent; your community that they are talking about. Maybe it we all just show up, instead of trusting that the right decisions are being made for us, then we will be a better community.

 *The Oklahoma Statutes O.S. tit. 60 § 852 require the HOA to have given you the Covenants and  By-Laws when you bought your home. It is incorrect wrong for anyone to tell you that it is in your abstract so "you knew you were in a HOA when you bought here". (HEELLLLOOOOOO!) Obviously that someone does not know what he/she is talking about.  The information may have been put into your Abstract which is usually kept at your mortgage company. That does not meet the requirements.

Did you know that the HOA is required to provide the information to you in writing. (Were you given a copy in writing, to keep???)  Did you know the HOA should have your signature on file, as their proof that they did give it to you when you purchased your home (i.e accepted the deed.) Ask the Burning Tree Master Association (BTMA) to see it. If they don't have it, there is a statute on the books that makes it illegal for a lien to be put on your property! 

Had a lien on your property?

Check with Tulsa County Assessors office--ask for Land Records. It is important to remember that the liens are filed by your lot and block (not by your name) so make sure you get your lot and block. You will do this by going to the Tulsa County Assessors site to look in your subdivision by your name in order to get your lot and block before you call land records.

Who signed the lien that was put on your property? The one question it seems every attorney has asked is "By what authority" has the Burning Tree Master Association (BTMA) been doing this?  

They have refused to answer this, even for the attorneys who have sent them letters. 

Tulsa, OK

Financial - Oversight Committee

Being a Board member can be challenging with all of the day to day items that arise. Board members are trusted with ensuring that the Association runs smoothly. This includes overseeing financial matters, such as review of the monthly expenses and financial statements, and preparation of the Association’s annual budget. Transparency is the key; the Association will establish a better rapport with owners by providing as much information as possible and involving owners in the financial planning process. 

There are many things that a Financial Oversight Committee can be tasked with; ongoing assignments such as review of the monthly financials and/or the task of drafting the Association’s annual budget are most common.

Reviewing the monthly financial statements and comparing them to invoices and the annual budget can be a time consuming task, especially for Associations that have a considerable number of monthly expenses.  As a result, it can be very helpful to assign this task to a Committee that can help share the work load.  This is also an excellent way to practice fraud prevention as having additional people reviewing the financial statements deters fraud and increases the likelihood of catching any suspicious activity.
  

A Financial Oversight Committee can also be an invaluable asset in preparing the Association’s annual budget.  As many Board members can attest, preparation of the budget requires hours of research including time spent contacting vendors, estimating upcoming utility usage, etc.  Estimate cost of compliance with the new ADA regulatory rules for the swimming pool. The Financial Oversight Committee can assist with these tasks, as well as make recommendations to the Board for upcoming expenses to include the budget.  In addition, involving as many owners as possible in the budgeting process helps create a widespread understanding of the Association’s income and expense requirements throughout the community.  They can then help educate owners who were not involved with the budgeting process and as a result, more and more owners will become informed and a greater sense of community is created through the power of knowledge.

The Financial Oversight Committee’s duties can also be extended to assist with large projects where multiple bids are required.  The Board of Directors may not always have time to research companies, acquire references and perform an in-depth review of the proposals.  The Committee can perform much of the legwork and provide a recommendation of the top one or two contractors for Board review and approval
.

It is important to note that in no way does having a Financial Oversight Committee take away from the fiduciary duty of the Board in reviewing the financials, making sure the budget is appropriate and correct, and ensuring that the invoices are accurate and being paid in a timely manner, however, the Committee can be of great help. Having a Financial Oversight Committee to find any “issues” ahead of time and perform some of the leg work can greatly assist in making the Board’s financial review and decisions smoother.  In addition, it involves owners in the community who may not otherwise be as engaged, and thus helps create a greater sense of community.  

Burning Tree Master Association By-Laws and Articles of Incorporation

MASTER ASSOCIATION 

ARTICLES OF INCORPORATION 

 Articles of Incorporation trump the by-laws  (below)
Oklahoma Statutes trump both Articles of Incorporation and by-laws 
However, the covenants trump the Articles of Incorporation and by-laws.

Received December 1, 1975
Oklahoma Secretary of State

ARTICLES OF INCORPORATION
OF
BURNING TREE MASTER ASSOCIATION, INC

STATE OF OKLAHOMA         )
COUNTY OF TULSA                )   SS:
TO THE SECRETARY OF STATE OF THE STATE OF OKLAHOMA:
We, the undersigned,N.D. HENSHAW,   9511 E 46 Street Tulsa. Oklahoma 74145
HOWARD K EDWARDS, Skyline East Building Tulsa. Oklahoma 74135
LAWRENCE L. MILAM,  3100 S Jamestown  Tulsa. Oklahoma 74135
LeROY BLACKSTOCK,  300 Petroleum Club Bldg Tulsa. Oklahoma 74119
JOHN T. FORSYTHE    2325 S Harvard  Tulsa, Oklahoma 74110have, in compliance with the requirements of the Non-Profit Corporations Act of the State of Oklahoma, associated themselves together for the purpose of forming a corporation not for profit (This corporation might qualify as a non-profit but according to the IRS  <—click none of the subdivisions qualify for non-profit status) and do hereby certify:

ARTICLE I

The name of the corporation is BURNING TREE MASTER ASSOCIATION, INC.

ARTICLE II

The principal office of the corporation is located at Third Floor, Petroleum Club Building, Tulsa, Oklahoma 74119.

ARTICLE III

LeRoy Blackstock, whose address is Third Floor, Petroleum Building, Tulsa, Oklahoma 74119, shall be the initial registered agent of the corporation, and Third Floor, Petroleum Building, Tulsa, Oklahoma 74119, shall be the initial designated registered office of the corporation.
______________________________________________
A note here before you read Article IV, which will follow after the explanation in the blue.

The legal descriptions in the BTMA Articles of Incorporation in Article IV were included to show the location of the property owned by the BTMA. (BTMA owns land  in Burning Tree One, Burning Tree East and in Burning Tree South.)
As you read Article IV of the BTMA Articles of Incorporation below you will see clearly that it does not tie any subdivision to BTMA. The BTMA corporation was formed to enhance and protect their properties located in these areas:

ARTICLE IV

PURPOSES AND POWERS OF THE ASSOCIATION

This association is formed for purposes not involving pecuniary gain or profit to its members and shall have no capital stock. The specific purposes for which this corporation is formed are to provide for the development, maintenance, and improvements so as to enhance and protect the value, desirability and attractiveness of certain real property within the tract of property described as follows:

Burning Tree, an Addition to the City of Tulsa, Tulsa County, State of Oklahoma, specifically described as:
The Northwest Quarter (NW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian;
The Northwest Quarter (NW/4) of the Southeast Quarter (SE/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian; and
The East Half (E/2) of the East Half (E/2) of the East Half  (E/2) of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian, in the City of Tulsa, County of Tulsa, State of Oklahoma

 and to promote the health, safety, and welfare of the residents within the above described property or any additions to that property as may hereafter be brought within the jurisdiction of this association by annexation as provided in these articles, and for these purposes to:
(a) own, acquire, build, operate and maintain recreation facilities and structures of any or all kinds for the use and benefit of members of the association and their families and guests;  (remember the members of the association, according to Article V below,  are the Area Owners Associations)

(b) fix, levy, collect, and enforce payment by any lawful means, all charges or assessments made for construction, maintenance, and operation of recreational facilities; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the association, including all licenses, taxes or governmental charges levied or imposed against the property of the association;


(c) Acquire (by gift, purchase or otherwise) own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of, real or personal property in connection with the affairs of the association,

(d) Borrow money, to mortgage, pledge, deed in trust or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, and

(e) Have and to exercise any and all powers, rights and privileges which a corporation organized under the Business Corporation Act of the State of Oklahoma by law may now or hereafter have or exercise.

Article V
MEMBERSHIP

Every Burning Tree Area Owners Association approved by Declarant shall be a member of  this corporation.  Membership in any Burning Tree Area Owners Association shall entitle the members of that organization (homeowners would be the members of that organization) to the rights of use and enjoyment of all facilities of the corporation.   

ARTICLE VI

VOTING RIGHTS

Each member of the corporation  shall be entitled to one vote  and, unless otherwise specified, a vote of a majority of the members shall control. (It does not say if you don't pay you can't vote. See also the Oklahoma statutes regarding this issue. They both trump what is in the by-laws, meaning something cannot be in the by-laws that conflict with the OK statutes and/or the Articles of Inc.)

ARTICLE VII
BOARD OF DIRECTORS

(a) The affairs of the corporation shall be managed by a Board of Directors. The number of directors selected  to serve until the first annual meeting or until their successors are elected and qualified shall be five (5). Thereafter, the number of directors shall be determined by the members present at each annual meeting.  The number of directors elected shall be no fewer than three (3) and no more than forty-one (41).  A director need not be  a member of the corporation.  
(b) Each Burning Tree Area Owners Association  may elect two directors at each annual meeting. 

(c)The names and addresses of the persons who are to serve as initial directors for a term of one (1) year are:
N.D. HENSHAW,    9511 E 46th Street Tulsa,  Oklahoma 74145
HOWARD K EDWARDS,  Skyline East Building Tulsa, Oklahoma 74135
LAWRENCE L. MILAM, 3100 S Jamestown Tulsa, Oklahoma 74135
LeROY BLACKSTOCK,   300 Petroleum Club Bldg Tulsa, Oklahoma 74119
JOHN T. FORSYTHE   2325 S Harvard Tulsa, Oklahoma 74110

ARTICLE VIII
MERGERS AND CONSOLIDATIONS

To the extent permitted by law, the corporation may participate in mergers and consolidations with other non-profit corporations organized for the same purposes  provided that such merger or consolidation shall have the assent of two thirds (2/3) if the votes of the entire membership.

But before there is a merger or consolidation there are other things required by the State of Oklahoma: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=67156.

Where were the corporations for the subdivisions merged with the BTMA so the BTMA can assess? The Secretary of State's office does not show it. If it happened there is a paper trail of supporting documents, including but not limited to  board minutes showing a vote would be taken and when it would be , the votes, the proxies, sign in sheets and the board minutes from that meeting to vote and then the filing with the Secretary of state which the SOS's office says they do not have. See XI below.

ARTICLE IX
DISSOLUTION

The corporation may be dissolved by resolution approved by not less than two thirds (2/3) of the votes of the entire membership.  Upon dissolution of the corporation, the assets both real and personal, shall be dedicated to the appropriate agency to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the association. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization, to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the corporation.

ARTICLE X
DURATION

The corporation shall be in duration for a period of fifty (50) years.

ARTICLE XI
AMENDMENTS

Amendment of these Articles shall require the assent of 75 percent (75%) of the entire membership of the corporation.


IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Oklahoma, we, the undersigned, constituting the incorporators of this Association, have executed these Articles of Incorporation this 26th day of November, 1975.
Signatures show:
N.D. HENSHAW,
HOWARD K EDWARDS,
LAWRENCE L. MILAM,
LeROY BLACKSTOCK,
JOHN T. FORSYTHE,
STATE OF OKLAHOMA         )
COUNTY OF TULSA               )  ss:

The foregoing instrument was acknowledged before me  this 26th day of November, 1975, N.D. HENSHAW, HOWARD K EDWARDS, LAWRENCE L. MILAM, LeROY BLACKSTOCK, JOHN T. FORSYTHE
Notary Public signature (Shirley Clark) and seal is on there showing  her commission expires Sept 27, 1979.






~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

BURNING TREE

 MASTER ASSOCIATION

 BY-LAWS

BY-LAWS OF BURNING TREE MASTER ASSOCIATION, INC.

These are trumped by the Article of Incorporation and also by the individual HOAs covenants and the Oklahoma Statutes.

Notice that below it does mention the duplexes and apartments, just like the covenants do for the individual HOAs.

ARTICLE I

NAME AND LOCATION

The name of the corporation is BURNING TREE MASTER ASSOCIATION, INC., referred to in these bylaws as the Association.  The principal office of the corporation shall be located at ________________, Tulsa, Oklahoma.  The meetings of the members and board of directors shall be held at such places within the State of Oklahoma, County of Tulsa, as may be designated by the board of directors.

ARTICLE II

DEFINITIONS

1.  “Association” shall mean and refer to Burning Tree Master Association, Inc., its successors and assigns.
2.  “Articles” shall mean and refer to the Articles of Incorporation of the corporation.
3.  “Properties” shall mean and refer to the following described real property situated in Tulsa County , State of Oklahoma:
The Northwest Quarter (NW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian;
The Northwest Quarter (NW/4) of the Southeast Quarter (SE/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian; and
The East Half (E/2) of the East Half (E/2) of the East Half (E/2) of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian, in the City of Tulsa, County of Tulsa, State of Oklahoma.
4.  “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the members of the Association.
5.  “Common Facilities” shall mean all recreational and social facilities owned and operated by the Association for the common use and enjoyment of the members  of the Association.
6.  “Declarant” is Sixty-First and Memorial Development Corporation, an Oklahoma corporation, its designated successors or assigns if designated declarant, for these purposes, by Sixty-First and Memorial Development Corporation in a duly recorded written instrument. 
7.  “Declaration” shall mean and refer to the certificate or certificates of dedication applicable to the properties recorded in the Office of the County Clerk of Tulsa County, Oklahoma.
8.  “Lot” shall mean and refer to any separately numbered plot of land shown upon any recorded subdivision plat of the properties with the exception of the common areas owned by or dedicated to this corporation.
9. “Parcel” shall mean and refer to any separately numbered or designated tract of land not subdivided into lots but shown on the plat of the properties. “Lot” and “Parcel” shall not refer to any of the common areas owned by or dedicated to this corporation, the public or any political subdivision in the United States of America or the State of Oklahoma or any commercial or office areas.

For purposes of these bylaws, any lot or parcel upon which a multi-family structure is permitted and completed shall no longer be defined as a lot from the time a living unit is first sold or leased and continuing as long as a multi-family structure remains on that lot or parcel. See ARTICLE XI  ASSESSMENTS 3 (e) 

10. “Living Unit” shall mean and refer to any portion of a multi-family (DUPLEX) structure situated on the properties designed and intended for the use and occupancy as a residence by a single family.See ARTICLE XI  ASSESSMENTS 3 (e)
11.  “Multi-family Structure” shall mean and refer to any building designed and intended for use and occupancy as a residence by two or more families under one roof. (APARTMENTS ) See ARTICLE XI  ASSESSMENTS 3 (e)
12.  “Members” shall mean and refer to those persons or entities entitled to hold membership in the Association as provided in the Declaration    and set forth in these bylaws.   (By-Laws cannot contradict the Articles of Incorporation and the BTMA Article so Inc say very specifically that the members were to be the area owners associations, not the homeowners!)  And then see for yourself...right here below in see for yourself under Article III under Membership who the members are!)
13.  “Owner” shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any lot or living unit situated upon the property and which is subject by covenants of record to assessment by the Association, including contract sellers but excluding those having such interest merely as security for the performance of an obligation. (Notice that this one in 13 is about the owner of the lot and the one in #12 refers to the member as the subdivision’s HOA. Why are owners even mentioned here? The homeowners are not tied in in any way with BTMA, due to flawed governing documents. The member was supposed to have been the subdivisions HOA–see for yourself under Article III under Membership! It was never the homeowner. 

ARTICLE III

MEMBERSHIP

Every Burning Tree Area Owners Association approved by Declarant shall be a member of the corporation. (There it says the member is the owners association  not the homeowner   The office of the Secretary of State has advised that none of the HOAs in the subdivisions are "under" the Burning Tree Master Association! They are all separate corporations. One cannot assume intent.)    
Membership in Burning Tree Area Owners Association shall entitle the members of those Associations to the right and use of enjoyment of the common areas and common facilities of the Association.

ARTICLE IV

PROPERTY RIGHTS

 Each owner (refer to #13 above to see who the owner is) shall be entitled to the use and enjoyment of the common area and facilities as provided in the Declaration.  (So the BTMA is giving rights to property owners of the described lots, yet there is no legal document that requires the owners to be assessed.…NICE!! and it gets even better….read the next sentence!)  Any owner may delegate his rights of enjoyment of the common areas and facilities to members of his family, his tenants or contract purchasers who reside on the property.  (In that sentence do you see where it states that it says grandkids who don’t reside on the property can have those rights given to them?) Each member shall notify the secretary of the corporation in writing of the name of any such delegatee. The rights and privileges of such delegatee are subject to suspension to the same extent as those of the member.  Each owner’s right and easement of enjoyment in and to the common area and the common facilities shall be appurtenant to and shall pass with title to every lot or parcel to the following provisions:
(1)        The right of the Association to limit the number of guests of members;
(2)        The right of the Association to charge reasonable admission and other fees for the use of any common facilities situated upon the common areas;  See Article VIII   1(b) below for more information on this.   Wendy Berezowski, while President, 2010-2011 said this may give them the right; not that they SHOULD or HAVE to charge. She posted that she brings in 9 people. (See VIII (b) below.)

(3)        The right of the Association in accordance with its Articles and Bylaws to borrow money for the purpose of improving the common area and facilities and in aid thereof to mortgage the same.  The rights of the Association, however, shall be subordinate to the right of any mortgages made in good faith and for value prior to such mortgage by the Association;
(4)        The right of the Association to suspend voting rights and the right to use of the recreational facilities of any owner ( why would the owner have voting rights hif they are not the member..but then you need to be aware of what Oklahoma statues and the BTMA articles of incorporation state about voting....and they both trump by-laws) for any period during which any assessment against his lot or parcel remains unpaid; (the owner is NOT the member. Look at the definitions above.


(5)        The right of the Association upon the assent of two-thirds (2/3) of the members to dedicate, sell, or transfer all or any part of the common areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members; and
(6)        The right of the Association to allow the limited use of the common areas and common facilities by the tenants of office and commercial lots and parcels to charge reasonable fees for such use.

ARTICLE V

MEETINGS OF MEMBERS 

1.  The first annual meeting of the members shall be on the ____ day of ________, 1976, and each subsequent annual meeting f the members shall be held on the same day of the same month each year thereafter at 7:30 p.m.  If the day for the annual meeting of the members is a legal holiday, then the meeting will be held at the same hour on the first day following which is not a legal holiday.  The board of directors, by resolution, shall fix a date for the meeting no more than thirty (30) days before or after that date.
2.  Special meetings of the members may be called at any time by the president or by the board of directors.  A special meeting shall be called upon written request of twenty-five (25) of the members who are entitled to vote. (Where are the twenty-five members who signed a written request when  Paula Hendrix quickly called a meeting for a day later to remove TeShauna Conrad when she started asking questions?? The letter we all got was signed by Paula Hendrix only. Why would she do this? Why would the BTMA board have ever allowed this to take place?)    Then look at the next step that must be done….and of course the board did not do this either.)
3.  Written notice of each meeting of the members  shall be given by or at the direction of the secretary or person authorized to call the meeting by mailing a copy of such notice, postage prepaid, at least ten (10) days before the meeting to each member    entitled to vote addressed to the member’s last address appearing on the books of the Association or supplied by such member to the Association for the purpose of notice.  The notice shall specify the place, day, hour and agenda of the meeting and in case of a special meeting, the purpose of the meeting.
4.  The presence at the meeting of members entitled to vote or of proxies entitled to vote of one-half (1/2) of all the votes shall constitute a quorum  (how many times has this not been done?) for any action except as otherwise provided in these bylaws, the Declaration, or the Articles.  If such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have the power to adjourn the meeting until a quorum shall be present or represented.  The meeting may be adjourned to a date not less than forty-eight hours, no more than thirty (30) days after the original meeting date.  At such reconvened meeting, the presence of members entitled to cast at least twenty-five percent (25%) of all the votes in person or by proxy shall constitute a quorum.  A meeting may only be reconvened once.  Thereafter, a new meeting must be called and the original quorum requirements shall be applicable.
5.  At all meetings of members, each member may vote in person or by proxy.  All proxies shall be in writing and filed with the secretary prior to the beginning of any meeting where the proxy is to be exercised.  Every proxy shall be revocable.
6.         Wherever the Articles require the assent of the members, the assent shall be obtained at a meeting called for the purpose, pursuant to the notice, quorum and adjournment requirements applicable.  In the event that a quorum is present but the required majority of each class of members is not present in person or by proxy, the members not present may thereafter give their written assent to the action taken.

ARTICLE VI

BOARD OF DIRECTORS

1. The affairs of the Association shall be managed by a board of directors who need not be members of the corporation. (So anyone, living anywhere –even the homeless–could be on the BTMA board of directors??? Who exactly determined who could run –just whomever showed up at the annual meeting? And how exactly was it determined that some homeowners could vote and other homeowners could not vote??? The homeowners aren’t the members yet some were allowed to vote while others weren’t….hmmmmm.)  The number  elected to serve until the first annual meeting and until their successors are elected and qualified shall be five (5) directors, but in no case shall there be fewer than three (3). Thereafter, the number of directors shall be determined by the members (members maybe were supposed to have been the subdivisions, according to Article III However with no paperwork ever done  the subdivisions are not the members either) present at each annual meeting. Each member may elect two (2) directors. To the extent directorships remain unfilled after each member has elected two directors, any such vacancy shall be filled by directors elected by majority vote of all the members.

2.  Directors shall serve for a term of one (1) year  and election to the board may be by secret written ballot. (Oklahoma statutes do state by written ballot.)  Any or all members of the board may be removed from office with or without cause by majority vote of all the members of the corporation.  In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the board and shall serve the unexpired term of his predecessor.

3.  No director shall receive compensation for any service he may render to the corporation; (This includes the concession money since that was to go back into the operating expenses.)  however, any director may be reimbursed for his actual expenses incurred in the performance of his duties.
4. Directors shall be elected by the members (subdivisions HOA) .  Each member (see..when it says member it is talking about HOA, not the homeowner) may elect two (2) directors to represent it on the board of directors of the corporation (BTMA). The board of directors may appoint a Nominating Committee which shall make as many nominations for election to the board, in addition to those elected by the individual members (subdivisions) , as it shall in its discretion determine.

ARTICLE VII

MEETINGS OF DIRECTORS

1. Regular meetings of the board shall be held monthly without notice at such place and hour as may be fixed from time to time by resolution of the board.
2. Special meetings of the board shall be held when called by the president of the corporation, or by any two (2) directors, after not less than three (3) days’ notice to each director.
3.  A majority of the directors shall constitute a quorum for the transaction of business.  Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the board.   
4.  The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors.  Any action so approved shall have the same effect as though taken at a meeting of the directors. (Oklahoma statutes require this written approval must be filed with the minutes.  And OK statutes allow for an inspection of the books and records just as the by-law allow.) 

ARTICLE VIII

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

            1.  The board of directors shall have power to:
(a)  adopt and publish rules and regulations governing the use of the common area and facilities, and the personal conduct of the members  and their guests therein, and to establish penalties for the infraction thereof.
(b) determine a reasonable admission fee or charge for the use of recreational facilities situated upon the common area;  (See Article IV 2 above.) Why are they not charging those who use the facility to swim instead of forcing all homeowners to  carry those who actually use the facility???
(c )  exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration; (just read the underlined words here)
(d)  declare the office of a member of the board of directors to be vacant in the event such member   shall be absent from three (3) consecutive regular meetings of the board of directors; and
(e)  employ a manager, an independent contractor and such other employees as they deem necessary, and to prescribe their duties and compensation.
2.  It shall be the duty of the board of directors to:
(a)  cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members or at any special meeting, when such statement is requested in writing by one-fourth (1/4) of the members who are entitled to vote;
(b)  supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;
(c)  as more fully provided herein, and in the Declaration,
(1)  fix (in legal talk “fix” means” to confirm”) the amount of the annual assessment against each lot and living unit (how is that when this states the member is the HOA?? not the homeowners! See Article III above) at least thirty (30) days in advance of each annual assessment period, as hereinafter provided in Article XI, and
(2) send written notice of each assessment to every owner (why would you send a notice to the owners? They are NOT the members according to the Article III above and the Articles of Incorporation!) subject thereto at least thirty (30) days in advance of each annual assessment period;  Oh, and 30 days in advance, huh? The demand for payment from the homeowners in 2011 were postmarked May 3rd, 2011 and due May 15, 2011…(hhhmmmm....NOTED).
(d) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid, such certificate shall be conclusive evidence of such payment;
(e) procure and maintain adequate liability and hazard insurance on property owned by the Association;
(f)  cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;  (bonded is not the same as getting D&O insurance and according to the non-profits statute you don’t need it insurance, so why has money been used for it every year???? however the board uses assessments to buy it for themselves every single year) and
(g) cause the common areas to be maintained.

ARTICLE IX

OFFICERS AND THEIR DUTIES

1.  The officers of this Association shall be a president, a vice president, a secretary, and a treasurer, who shall at all times be members of the board of directors, and such other officers as the board may from time to time by resolution create.
2.  The election of officers shall take place at the first meeting of the board of directors following each annual meeting of the members.
3.  The officers of this Association shall be elected annually by the board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.
4.  The board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for one (1) year, have such authority, and perform such duties as the board may from time to time determine.
5. Any officer may be removed from office with or without cause by the board. (But should he be removed as an officer he still remains as a director, because it was not the board that voted him in as a director….it was the members….so only a majority of the members may remove a director) Any officer may resign at any time by giving written notice to the board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, the acceptance of such resignation shall not be necessary to make it effective
6.  A vacancy in any office may be filled in the manner prescribed for regular election.  The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces.
7.  The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. (So nobody but the Treasurer or a Secretary/Treasurer can sign checks or do any other task that the Treasurer is charged to do.)
8.   The duties of the officers are as follows:

President

(a)  The president shall preside at all meetings of the board of directors; shall see that orders and resolutions of the board are carried out; and shall sign all leases, mortgages, deeds, and other written instruments.

Vice President

(b)  The vice president shall act in the place of the president in the event of his absence, inability or refusal to act and shall exercise and discharge such other duties as may be required of him by the board.

Secretary

(c)  The secretary shall record the votes and keep the minutes of all the meetings and proceedings of the board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the board and of the members; keep appropriate current records showing the name and address of the members of the Association together with the number of votes to which each member is entitled, and shall perform such other duties as required by the board.

Treasurer

(d)  The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the board of directors; shall sign all checks and promissory notes of the Association; 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.
(Thus, it is VERY CLEAR that a Treasurer is an officer. Remember #3 above where it says: 3.  The officers of this Association shall be elected annually by the board? This means  unless someone  is elected first to the board of directors, and then is voted in as an officer they are not to handle the work of the Treasurer.)

So where are the 30+ years of audits?

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.
Oklahoma Statutes O.S.§, 22 1065 and  O.S §18 1069, as well as the Oklahoma Constitution § 2 28 require compliance of the above, by all board members.

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.  (Did you notice that this recently past board (2010-2011) promised to have an audit but they aren’t doing it afterall? They show it on the budget for 2013, which is no surprise as it always gets put in the budget but is never done. And some of these very same people are right back on the board for 2011-2012!!)

ARTICLE XI

ASSESSMENTS

1.  By the declaration each member (MEMBER, NOT HOMEOWNER! See definitions at the beginning to understand the HUGE difference between member and homeowner as you read through this article) These are the by-laws....not the covenants. Covenants trump by-laws.... is deemed to covenant and agree to pay the Association:  (1)  annual assessments or charges, and (2) special assessments for capital improvements.  The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. (As the attorneys have advised the Burning Tree Master Association, that putting a lien on the property of a homeowner may constitute “Slander of Title” by the board members who  can be held personally liable. ) Each such assessment, together with such interest, costs, and reasonable attorney’s fees shall also be the personal obligation of the person who was the owner of such property (Why, if the member is NOT the homeowner  but the HOA ) at the time when the assessment fell due and shall not pass to his successors in title unless expressly assumed by them.
2.  The assessments levied by the Association shall be used exclusively for the purpose of promoting recreation, health, safety, and welfare of the residents in the properties (not grandchildren or anyone who does not live with you so why are homeowners forced to pay for the summer vacation of someone's grandkids) and in particular  for the improvement and maintenance of the common area, services, and facilities devoted to this purpose and related to the use and enjoyment of the common area, and of the homes situated upon the properties.
3.  Until January 1 of the year immediately following the conveyance of the first lot or living unit to an owner, the maximum annual assessment shall be $_____ per lot or living unit.
(a)    From and after January 1 of the year immediately following the conveyance of the first lot or living unit to an owner, the maximum annual assessment may be increased effective January 1 of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index (published by the Department of Labor, Washington, D.C.) for the preceding month of July, computed pursuant to the provisions of Section 4 of this Article.
(b)  From and after January 1 of the year immediately following the conveyance of the first lot or living unit to an owner, the maximum annual assessment may be increased above that established by the Consumer Price Index formula by a vote of the members for the next succeeding two years and at the end of each period of two years ; provided that any such assessment shall have the assent of the members entitled to cast two-thirds (2/3) of the votes eligible to be cast by each class of members at a  meeting duly called for this purpose. Written notice of said meeting setting forth the purposes thereof shall be sent to all the members not less than 30 days nor more than sixty (60) days in advance of the meeting.  In the event at any such meeting there are not sufficient members present or by proxy to cast two-thirds (2/3) of all those votes eligible to be cast by each class of members, but there are sufficient members present in person or by proxy to constitute a quorum as hereinafter defined, or in the event there are sufficient members present in person or by proxy to cast two-thirds (2/3) of said votes but such members fail to assent to such increased assessment by the vote required therefore, members not so present at such meeting may, within thirty (30) days thereafter, give their written assent to such assessment, and upon delivery of such written assents to the Secretary of the Association within such time, the votes of such members not so present at such meeting shall be deemed votes cast at such meeting in favor of such assessment.  The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.
(c)  After consideration of current maintenance costs and future needs of the Association, the board of directors may fix (an attorney advised the word “fix” used hereto  means “confirm”, after a vote by the members, as it says above) the annual assessment at an amount not in excess of the authorized maximum. But now that we all know the truth that homeowners are not the members, just who or what does the Burning Tree Master Association board of directors think they can assess?

(d)  The annual assessment for an unimproved lot shall be 50% of the assessment for a lot on which a dwelling has been constructed.  Beginning the first day of the month following the month in which a building permit is issued for the construction of a dwelling on an unimproved lot, the assessment shall be as provided in Paragraphs 3 (a) through 3 (c).
(e)   The annual assessment for each living unit constructed on a multi-family lot (duplex)  shall be the assessment fixed for a lot. The number of living units assessed shall be the number of allowable living units fixed by the Declarant. (apartment) Why have the duplexes and apartments not been assessed if it is in the covenants for those areas?
4.  The Consumer Price Index establishes the United Sates City Average numerical rating for the month of July, 1967 as ________.  This will be the base rating.  To determine the percentage to be applied to the maximum annual assessment for each subsequent year, divide this base rating into the numerical rating established by the Consumer Price Index for the month of July preceding the proposed assessment year.  This adjustment percentage, if in excess of 100 percentum, is multiplied by the original maximum annual assessments to obtain the maximum assessment for the subsequent year for each lot and living unit
5.   In addition, to the assessments authorized above, the Association may levy in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the common area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of the members entitled to cast two-thirds (2/3) of the votes eligible to be cast by each class of members at a meeting duly called for this purpose.  Written notice of said meeting setting forth the purpose thereof shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.  In the event at any such meeting there are not sufficient members present in person or by proxy to cast two-thirds (2/3) of all those votes eligible to be cast by each class of members, but there are sufficient members present in person or by proxy to cast two-thirds (2/3) of said votes but such members fail to assent to such special assessment by the vote required therefore, members not so present at such meeting may, within thirty (30) days thereafter, give their written assents to the Secretary of the Association within such time, the votes of such members not so present at such meeting shall be deemed votes cast at such meeting in favor of such assessment.
6. At the first meeting called, as provided in Sections 3 and 5 hereof, the presence at the meeting of members or of proxies entitled to cast two-thirds (2/3) of all the votes of each class of membership shall constitute a quorum.  If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 5, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.  No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting
7.  The annual assessments provided for herein shall commence as to all lots or living units on January 1, 1976. (It does not say "except the apartments and duplexes") The first annual assessment shall be adjusted according to the number of months remaining in the calendar year.  With the exception of the first annual assessment which may be fixed at any time prior to the assessment date, the board of directors of the Association shall fix the amt of the annual assessment against each lot or living unit at least thirty (30) days in advance of each annual assessment period.  Written notice of the annual assessment shall be sent to every owner subject thereto.  The due dates of assessments shall be established by the board of directors.  The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified or living unit have been paid. A reasonable charge may be made by the board for the issuance of these certificates.  Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
8.  Any assessments which are not paid when due shall be delinquent and shall constitute a lien on the lot or living unit against which the assessment is made. (The members were supposed to have been the subdivision HOAs—-read the definitions at the top of this And read Article III on who the members are—-It is NOT the property owners and not the homeowners! Read the governing documents.  The subdivisions HOAs do NOT own a single lot or a living unit and also the State of Oklahoma and  Tulsa County do not show anything that gives the BTMA any authority to assess the subdivisions HOA. Additionally the HOAs aren’t assessing —so how is that going to work?)    If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum, (THERE ARE LAWS AGAINST USURY found under the Oklahoma Statutes) and the Association may bring an action at law against the owner (Why the owner? The owner  is not the member, according to the definitions above in this information. See Article III on who the member is ) personally obligated to pay the same, or foreclose its lien against the property (a couple of points incorrect in that sentence! Be careful as you could not foreclose on a home with homestead exemption, even if the homeowner was the member) , or both, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. (?)   No owner may waive or otherwise escape liability for the assessments (no owner is a member! However, if it had been filed correctly with the Secretary of State that the member was the subdivision why is the member being referred to as the owner…What does the subdivision own?) provided for herein by non-use of the common area or abandonment of his lot or living unit.
When it was mentioned that BTMA also had no authority to tack on a late charge Ms. Berozowski actually stated that she and her board were not doing that. Yet, she and her board  send out the invoices postmarked May 3, 2011 -we all have a copy–and right there it says: “Late Fee: A $25.00 late fee will be due for any assessment not paid in full by July 31.“
Assessment liens shall continue for a period of one (1) year from the date upon which an assessment becomes delinquent, and no longer; (look at that it says “for one year….and no longer”)  provided that if, (there is the qualifier that they might be able to continue it for one year but only IF)  within such period, proceedings shall have been instituted to enforce such lien in any court in Tulsa County, Oklahoma, having jurisdiction in suits for the enforcement of liens, such lien shall continue until the termination of the proceeding and until the sale of such lot or living unit under execution of the judgment establishing it. (it is NOT the homeowner who is the member….see Article III. So, let me get this straight….the BTMA has actually put liens on homeowners when the homeowners are not the members and this board of directors knows the truth–that the homeowners are not, and never were, members yet, they have left 22  homeowners with liens?? 
———> CLICK HERE TO SEE  WHAT THE ATTORNEYS HAD TO SAY ABOUT IT                                                          
And remember it says  in ARTICLE VII 3. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the board.  I hope all board members read and understand that.

9.  The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage now or hereafter placed upon any lot or living unit subject to assessment; provided, however, that such subordination shall apply only to the assessments or installments thereof which have become due and payable prior to the sale of such lot or living unit pursuant to a foreclosure of such mortgage or transfer or conveyance in lieu of such foreclosure.  Such sale pursuant to such foreclosure or such transfer or conveyance in lieu of such foreclosure shall not relieve such lot or living unit from liability for any assessments or installments thereof thereafter becoming due nor from the lien of any such subsequent assessments or installments.
10.  The following property subject to this Declaration shall be exempt from the assessments created herein:  (a)  all properties dedicated to and accepted by a local public authority or conveyed to a public utility; (b) the common area; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Oklahoma, as long as such property is not used for residential purposes.

ARTICLE XII

ALLOCATION OF INCOME AND EXPENSES

1.   The corporation shall apply all its revenue from whatever sources derived to the payment of its operating expenses and to other necessary items of disbursement, inclusive of but not limited to, retirement of indebtedness, if any, and construction and improvement of recreational facilities.  In addition, the corporation may establish reasonable cash reserves for anticipated future disbursements for maintenance and operating expense, construction and improvement of recreational facilities, and the retirement of debt not subject to amortization.  At the end of each fiscal year, any funds remaining after such provisions for anticipated future disbursements shall, in the discretion of the board of directors, be:
(a)        applied to the construction or improvement of additional recreational facilities for the benefit of all members of the corporation and the respective owners of each such member, (if member = subdivision, then would the “owners of each such member” be the homeowners) or
(b)        distributed to members of the corporation in a reasonable manner.  Any such funds so distributed to the members of the corporation shall be used in the discretion of each such member (subdivision) for the payment of operating expenses of such member (subdivision) or for construction or improvement of recreational facilities for the benefit of such member and its owners    In no event shall a member of this corporation make a distribution to its owners (homeowners?) of any sums so distributed to it by this corporation;
provided, however, that the board of directors of this corporation shall not permit an unreasonable accumulation of undesignated funds of this corporation.  It is the intention of this provision to impose an affirmative obligation of the board of directors to expend or establish cash reserves for future expenditures for the benefit of the homeowners in the Burning Tree area of any cash funds remaining after the payment of current operating expenses, <— So....Homeowners aren’t the members but the BTMA is going to establish cash reserves for future expenditures for the benefit of the homeowners in the Burning Tree area of any cash funds remaining after the payment of current operating expenses???, the establishment of reasonable cash reserves for anticipated future disbursements for maintenance and operating expenses, and the establishment of reserves for the construction of recreational facilities or the retirement of debt not subject to amortization.
2.  In the event that the corporation has an operating deficit at the end of the its fiscal year, after having applied all prior years’ surplus earnings, such deficit shall be allocated to members on the following basis:
(a)        Each member (again the member is the HOA, not the property owner or a homeowner….  If you are in Burning Tree East be sure to check your Covenants to see if your lot falls under the Area Owners Association #5 or #6. If you are in #6, be aware that your HOA wasn't even incorporated, and you do not, by default just fall under Area #5, no matter if someone did not tell you the truth. The Covenant is a contract -- go to the Tulsa County Assessor’s site to get your lot and block. Then simply check the covenants  to see if your lot and block are in #6. ) shall pay that fractional part of the corporation’s  deficit   equal to the total amount of the deficit multiplied by a fraction, the numerator of which is the dollar amount total annual assessments levied by that member on its membership and the denominator of which is the dollar amount of the total annual assessments levied by all members on their memberships.
3.  Each member shall treat any assessment against it by the corporation to cover an operating expense deficit as an operating expense of the member.
4.  In the event a member (the subdivision’s HOA) fails to pay its share of the corporation’s operating expense within thirty (30) days after having been notified of the amount due, the member (the subdivision’s HOA) shall be suspended from participation in the affairs of the corporation, and the member’s (the subdivision’s HOA) membership (homeowners) shall be prohibited from using the facilities of the corporation until such time as the amount assessed is paid by the member.(the subdivision’s HOA)

ARTICLE XIII

CORPORATE SEAL

The corporation shall have a seal in circular form having within its circumference the words:  BURNING TREE  MASTER ASSOCIATION, INC.

ARTICLE XIV

AMENDMENTS

            These bylaws may be amended, at a regular or special meeting of the members, by a vote of a seventy-five percent (75%) majority of a quorum of members present in person or by proxy.  If any amendments were made truly made then there should be board minutes showing when it was decided to send out the notice to homeowners that there would be a vote, then in the minutes of the meeting where the vote was taken the sign in sheets,  the vote, who attended, the proxies that were counted and the actual proxies. There is a paper trail.

ARTICLE XV

FISCAL YEAR

            The fiscal year of the corporation shall be the calendar year. (When was this amended? )
Adopted this ____ day of ________,1975
(corporate seal)                        BURNING TREE MASTER  ASSOCIATION, INC.
An Oklahoma Corporation
ATTEST:
______________________________       By:   _____________________________
Secretary                                                             President

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