Anyone know anything about this?

Some young people have stacked rocks on top, along the entire width of the dyke (where the drain ditch comes out from Woodland Hills Mall). This is near the stop signs by the bridges going toward BT South.  Maybe they were playing but people can't walk through there without climbing. There are people who cut through that way to go back and forth between the apartments. This is making it hard for them to cut through the addition.

Does anyone know if these young people were just playing around when they did this or were they hired by the city to build this?

One of the neighbors who lives next to it was very concerned that someone could get hurt in the dark, as we do have lots of people who walk there with their dogs. Plus, being Halloween there may be more foot traffic tonight.

A Spooky Halloween Saga

                           

Long ago and far away in a neighborhood that time forgot, lived a most unhappy, troubled, tortured soul. Some rightfully are wary of it, yet others will engage it out of fear of reprisal. It traverses the peaks and valleys with an eerie wild look on it's face, sometimes just stopping to stare, yet unseeing, with those dark foreboding  eyes.

Some believe it is plotting and planning what dark deeds to unleash upon it's unsuspecting prey. Cold chills tingle and shiver down one's spine just thinking of an encounter with it. All hours of the night and day does this thing troll the neighborhood, stirring up dissension and gossip, should anyone ever muster enough courage to get close to speak to it.

Oh yes, some will engage for they are it's minions, ever at the ready to do it's bidding; hanging on every malicious and foul word that spews from it's crooked, lying mouth. And once you engage with it you are under it's spell of lies and twisted sense of logic. Absolute control of every situation and the hunger for more and more power is what feeds this thing, confusion and strife are mere appetizers.

Whether the dark of night or twilight before dawn, you might catch a glimpse, as it slinks back into the shadows, hoping to remain undetected as it patiently waits for those unsuspecting souls. It cannot help itself, because it does not understand the Light. The Light of Truth, Honesty and Integrity are it's eternal  enemies; it cannot understand what it does not comprehend. It is the absence of Light. It is the origin of all lies, deceit and every evil scheme born. And then there are those who pretend they don't understand the difference between right and wrong, just so they can continue to be dishonest, spreading confusion and strife. This serves the darkness well.

It only has power if you allow yourself to compromise a little here, or a tiny bit...just one time, there. Should this happen, you have made it very happy, and it will continue to pull you in, piece by piece, til you lose your very own soul.  Such has been the fate of many.

Everbody Is A Wonderin...

....where in tarnation I have been. Well, me and some of them men folk here in the Burny Tree took off an went huntin fer a spell, down to one of them fancy huntin parks. Sometimes you jest need to get away from all the gossup, an namecallin, and a trip to the grate outdoors breathin in som of that clean fresh air jest does the soul a whole lotta good. For shure, now.

Why I nevr laffed so much as when ole Curly was a tryin to catch a deer, waiting all day and nite long till he jest got so durned tired he jest fell plumb asleep! But what make it so funny was while he was a sleepin, a deer sneaks up to him to see what that crumpled heap was there jest a sleepin away. Yessiree, we nevr gonna let ole Curly live that one down.

I tried esplainin to the boys that we really didnt need to go all the way over to the fancy huntin park to catch us some squirrells, cause they got plenty rite here in the Burny Tree!  And the reel bonus is all them rabbits we have us rite here in the backyards, why we can do all the huntin we want without evr going more then a few feets away.

Anyho, the mane reason fore checkin in before I git my muzzleloader an bow 'n arrows fore some more huntin with the boys, was to see ifin the new eleckted bored membrs done finally able to understand that the sudbivisons aint tied to the masturd associatin, and the homeowners certinly aint neither.

Well everbody knows  that there aint nothin to prove that all us common folk who lives here in the Burny Tree is beholdin to the masturd associatin! Seems to be that it is clear as the daylite that comes up evr mornin, but some of them who be sitting on the bored, jest refuses to beleeve it! (I'd rather give them the beneifit of the doubters that they knows the truth but is just refusing insted of that they ain't smart enuf to read and understand, sumtin as simple as that.)   Even after theys own atturny seen it wasn't so, he tried and tried to find other things to pick on even going as far as using wrong caselaw thinking we was a bunch of fools and couldn't see he was misinterpreting it, why all them other attorneys was amazed he dun that...and thin he actually charged olmost $3,000 of money us'ns had been forced by threats to give to the bored because that was before we knowed the truth. 

I hear them men hollerin my name, so I best be gittin my muzzleloader and heads back to that fancy huntin park. Ya'll take care now and I will be back reel soon to catchup on the latest news here into the Burny Tree.

Will

Em Jae's progress report on her diet

Hi all,

My apologies for messing up my last letter to you. I was uh wondering what that  deleet button were. Now I know.

Em Jae fell off the bandwagon and was up eating her first breakfast  by the time the rooster started crowin.   Fried bologna, eggs and tomato gravy she learnt to make   from her mother Inez. That's some good eatin'.

She dialed up Inez later to find out how to make for lunch that fish gravy which has cornmeal in them drippins. Anything with gravy sure is good.

Speaking of dialing the tellerphone, Em Jae is gonna get one of them Halloween stickers from out of the g'kids Hefty bag while they is out tipping over outbuildings. She wants one of them stickers with an eyeball to put on the tellerphone so she can say she have an eye-phone. It is gonna take her awhile to find it in the hefty bag they have all theys stuff in when they come to visit, with them clothes and everthing.  

Em's plan is to go with her girlfiend to the rassling match if she looses some of her weights. She hasn't seemed able to loose much even though she rarely sits down to eat. I told her that if she likes to see a good fight (and boy howdy she loves watching em almost as much as she likes being in them) but anywho I told her she don't need to go far. She could just pop up some of her famous triple buttered popcorn, put it in one of them grocery sacks and sit in the Oldsmobile we had up on concrete blocks next to the house since the '70s. She can watch the neighbor woman when she gets to fightin with her old man. A good time is allways had by all.

And in that vehikle it is cool sitting in there with the wind blowing through since there aint no winnders in it and plenty of room now that we took them seats out and put them on the front porch. She kin turn a couple of old 5 gallon paint cans upside down to sit on and she can brag that she got real bucket seats in the Olds. (She is really into keepin up with the neighbors, you know.)

Hey, you in California...I got the word that you are reading my writings. Keep up the good work.

I'll be talking to you all soon.

Will




   

TARE- Trash board. IMPORTANT MEETING information!

Kay Price,  who is very involved with city politics and involved with issues, has been sharing information about the new trash service the TARE board.  

Currently trash service picks up our trash, our bulky items (chairs, small appliances, end tables, etc), and our grass clippings, tree limbs, leaves, etc.  Under the new trash system:

1. you will be given a cart , that you will pay for yourself or through the new trash fee ).  
2. All trash must be put in the cart and rolled to the curb,
3. The trash lid must be down (it cannot be up).  
4. The trash will be picked up once a week  
5. Your trash  will be weighed when it dumps the trash.  Why? Your trash bill will be determined  by how much trash you have.
6. You will have another cart for recycling and all the recycling material will go into 1 cart (it will not be separated like it is now). and we know who is paying for the carts...see #1 above.
7. You will be paying for recycling whether you recycle or not.  
8. If you bag your grass clippings, or bag your fall leaves, you will have to purchase separate biodegradable bags to put your yard waste in. You will no longer be able to use your own cheap trash bags. 

This will cost you more money.

So, basically most carts will stay at the curb (who is going to wheel those bulky things back and forth from your garage or back yard every week especially if you are disabled or elderly.  

Second, the poor people will not be able to afford this kind of trash service, hence there will be more dumping of trash in the city of Tulsa.  

Third, those nice lawns you see in your current neighborhood may not be so in the future.  If it is going to cost you more to buy separate biodegradable bags in order to do your lawn the right way, you may not be able to afford it especially during this shaky economy.  More than likely you will mow without a lawn bag.  

Fourth, if you need to get rid of bulky waste, you will not be able to set it on the curb like you do now, because  they won’t take it. You will need to hire a private trash hauler to come and haul off all your bulky waste that either you could not sell at the garage sale or that goodwill would not take.  So please make a note on your 2012 calendar to take vacation time to do some deep spring cleaning to get rid of all the things you no longer need in your household before July 1, 2012. 

FACTS : There are only 4 title 60 trusts in Tulsa.The Trash board (TARE) and the Airport are two of the title 60 trusts.   The only way a title 60 trust can disband itself is if 4/5 of the board agree to do so.  Unbelievable huh?

Our district counselors have fought for us (the people) in regards to the fact that most of the citizens do not want this new service. And still the trash board is shoving it down our throats.

CITIZEN MEETING regarding the Trash Service  for our voices to be heard.   All homeowners and neighborhood associations in the Tulsa area are invited to this. The media has been invited.   Sunday, November 6^thfrom 1:45 to 4:00 pm at Hardesty Library , 8316 E. 93^rd St. (Fosser auditorium)      You are invited to attend this meeting and please be sure to o let your family, friends and others know  who live in Tulsa. 

 Also, read these two stories and add a comment to the Tulsa World

October 27, 2011 story in Tulsa World

Letter to the Editor: Rethink trash plan

Emergency Broadcast System Test

Please watch this video so you will know what is going to happen November 9th, at 2pm Eastern (1pm Tulsa time). The old system Emergency Broadcast System (EBS), has a new name, Emergency Alert System (EAS), and the first test will be on November 9th.

Thanks to the Neighbor Dialogue Team for letting me share this information.

3.5 minute Emergency Broadcast? Glenn's spider senses don't like the new more powerful 'emergency' media powers Obama has. Why? Glenn explains on radio today. WATCH

Leash Laws in Tulsa

Leash Laws

What If Leash Laws Are Broken?
A dog/cat-at-large may be picked up by an Animal Welfare Officer and impounded at our facility or returned to the owner if the dog/cat has a current license tag or other identification. The owner may also be issued a dog/cat-at-large citation and be fined. Citations may require a court appearance.

Who Enforces Leash Laws?
Animal Welfare or police officers enforce local leash laws in the City of Tulsa.

Why Should My Pet Be Spayed/Neutered?
City Ordinance requires all dogs and cats over the age of six months to be spayed or neutered. Certain exemptions are allowed by permit.

Impound, boarding, and license and vaccination costs, if applicable, will be charged to reclaim your animal.

 
What are the animal redemption fees?

• Impoundment Fee: $20 for cats, dogs, & other small animals.  
  
• Daily Fees: $10 for each day or part of a day, which begins at 12:01 a.m.
• Rabies Vaccination Fee: $10 Rabies Vaccination if not current by licensed veterinarian.
• City License Fee: $5 if animal is spayed/neutered.
• Sterilization Deposit (if animal is not spayed/neutered): $150 (refunded if proof of sterilization is provided within 60 days)

How much do the tickets cost?

• Dog/Cat at large Citation: $75
• Un-spayed/Un-neutered Citation: $75
• Unvaccinated Animal Citation: $75
• Unlicensed Animal Citation: $75

 http://www.cityoftulsa.org/city-services/animal-welfare/faqs.aspx

Will....Something to crow about...

Em Jae wanted to see the house with the mistake paint so she tore out of  hear without even changing her slippers (She likes feeling like Cindereller who had glass slippers. Em Jae has lots of them--but not glass just nice house slippers, all in extra wide in different colors.)

Anywho, she was  staring and staring so hard at what she was seeing that she almost run that Eldorado up on the lawn. She thowed  it in reverse and looked in her rear view and seen right ther by the house with the mistake paint, one of them fences with the laddice work on top. She couldn't believe how something from the Garden of Eatin' Trailer Park is just everwhere in the Burny Tree. Why that fancy laddice is atop of people's fences all over to the neighborhood, and even down to the meetin place at the pool yard.  She thinks they all been watching her favorite show, "Hillbilly Heaven" since they all has the same idears. She is a little miffed that they got them put up first so now if we put it around ares she says, "them ole wimmin tell them other old wimmin that I was the copying cat ". So she has been cussing up a sailor.

But on a brite note whilst she was over in that era been all neighborly she drove around and around just a looking and she heard some chikens in someones backyard. She stomped on the brake real hard (you have to or it don't work) anywho, she clumb out of the passenger side since the drivers door broke we had to wire it shut. She  hoisted hersef  up on the top of that big Eldo and standin on her tipsy toes she cudn't see how many of them friars was back there but she knows a chiken when she heres one. Now she is cackling about me getting  building her some chiken coops, too.

She has been so bizy drawn out sketches she said she hasn't taken time to sit down and eat a thing. (That don't mean she din't eat....it just means she don't sit down to eat. I seen her eating a pan of macaronis and cheese over the kitchen sink.)

I tell you what she is the queen of multi tasking. One good one she learnt off of Hints from Helouise is she sits backwards on the toilet while doing her bidness and uses that  fine writing table to address them Christmas cards. (She has as much brains as she does good looks, I am here to tell you.) 

Burning Tree One -Clearing up the confusion

Much confusion in Burning Tree has been caused by ---->  this page

1. Click the link above to open and you will see this: Neighborhood covenants for Burning Tree
    
2. Look on page 8 for H (a) Membership. It shows that this is Burning Tree Area One and Burning Tree Two only.

The legal name for the subdivision some refer to today as Burning Tree One is not Burning Tree One at all, but simply Burning Tree.  This has been confirmed with Tulsa County.  Mr. Henshaw filed these Covenants in 1973 as Burning Tree not Burning Tree One.   

Were you aware that "Burning Tree" subdivision has two homeowners associations: Burning Tree Area One Owners Association and Burning Tree Two Owners Association.

There is only one Burning Tree subdivision. As purists, we are NOT Burning Tree One. We might be in Burning Tree One Owners Assoc or Burning Tree Two Owners Assoc but our subdivision is simply Burning Tree.

Would the rest of you neighbors please use your correct full name when referring to where you live?

While we are Burning Tree One....You are Burning Tree Plaza, Burning Tree West , Burning Tree East or Burning Tree South.

REMEMBER THESE ARE COVENANTS AND THE MASTER ASSOCIATION HAS NONE. DON'T LET ANYONE TRY TO CONFUSE YOU ON THAT.

Having problems seeing the document Burning Tree covenants?

• IT IS ON IT'S SIDE: Right click and rotate it about 3 different times.
• THE PRINT IS TOO SMALL: Above  the document make it about 75% and you can see it better.
• HOW DO I FIND PAGE 8 QUICKLY? Above  the document to the right of the arrows it has number /12. Make that number an 8 to go to page 8...or simply start scrolling down to page 8.

My apologies...I have been so busy working lots of OT that our group is just now getting these back to you. We will finish getting the by-laws and anything else to you as quickly as we can. Thanks for posting and all the incredible work everyone is doing in all the neighborhoods.

Burning Tree East Covenants

PLAT 3741

Very important for all in the Burning Tree East Area to note: Burning Tree East has two areas according to these Covenants. Even though they share Covenants the Covenants state they are to each have their own Area Homeowners Association. (That would mean they are not a part of the Area #5 Association, would need to have their  own corporation filed with the Secretary of State and set up their own by-laws. No records have ever been found by any agency, saying any of this was ever done.)

• Area #5 Lots 5-11, Block 1; Lots 1-18 Block 2; Lots 9-44, Block 3
• Area #6 1-4 block 1; Lots 1-3 Block 3;& Lots 1-13 Block 4 (If you live in this area you do NOT have a corporation set up as an HOA, according to the Secretary of State. DO NOT BE FOOLED INTO BELIEVING OTHERWISE!!!)

Here is how you check:

1. Click here:Property Search — Tulsa County Assessor 
2. Accept it and then go in under subdivision Burning Tree East
3. Look for your name 
4. under legal description get your lot and block
5. See which Area (Area #5 or Area #6 ) you are in by looking at the top of this page. If you are in Area #6 remember, you do NOT belong to any HOA.
   

 Here is what the Secretary of State has for Area #5.  But there is nothing found for those living in Area #6. Thus, while some of us own property in what should  have been in Area #6 there is no HOA . This means we NEVER should have been assessed by either Burning Tree East or Burning tree Master Association. Yet, some of our neighbors had liens put on, unlawfully!)


You will note that the By-Laws for Burning Tree East state in ARTICLE III MEMBERSHIP
Every owner of lots described in Paragraph 3 of Article II shall be a member of the corporation since the ones listed above do not have lots there they cannot be  members.
_____________________________________________________
Please be sure to check your abstract for all legal purposes. The following is provided for informational purposes only and although we tried to make sure it is correct it could contain typos.

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 centrl 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 raduis 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 Assocation, 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)
Before me, the undersigned, a Notary Public in and for said County and State, on this 8th day of September, 1977 personally appeared BARBARA F. HENSHAW , to me known to be the identical person who subscribed the name of the maker thereof in the foregoing instrument and its President acknowledged to me that she executed the same as her free and voluntary act and deed and as the free and voluntary act and deed of such corporation for the uses and purposes therein set forth.
My Commission Expires June 27, 1981
Carolyn Ann Dyer, Notary Public
CERTIFICATE OF SURVEY
We, K.N. Cox & Associates, Engineers, of Tulsa, Oklahoma, hereby certify that we have, at the instance of the OWNER designated above, made the above described survey, and that the accompanying plat is a true and correct representation of said survey.
Signed and sealed this 8th day of September, 1977.
K.N. COX & ASSOCIATES, ENGINEERS
By Jack C. Cox
Registered Land Surveyor
STATE OF OKLAHOMA) ss.
COUNTY OF TULSA)
Before me, the undersigned, a Notary Public in and for said  County and State, on this 8th day of September, 1977 personally appeared JACK C. COX, to me known to be the identical person who executed the within and foregoing  instrument and acknowledged to me that he executed the same as her free and voluntary act and deed and as the free and voluntary act and deed of K. N. COX &ASSOCIATES for the uses and purposes therein set forth.
Given under my hand and seal of office on the day and year above written.
My Commission Expires June 27, 1981
Carolyn Ann Dyer, Notary Public

Please publish this one first. We sent the Covenants first and didn't realize our team would have the by-laws ready so quickly.

Bylaws for Burning Tree East

Note: These are very confusing as whomever tried to set them up was mixing subdivision and master association by-laws together.

BYLAWS OF BURNING TREE EAST ASSOCIATION, INC.

ARTICLE I

NAME AND LOCATION

The name of the corporation is BURNING TREE EAST ASSOCIATION, INC., (AREA 5) 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 East 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:
Lots 5-11, Block 1 and Lots 1-18, Block 2 and Lots 9-44, Block 3 of
BURNING TREE EAST ADDITION, an Addition
to the City of  Tulsa Tulsa  County , State of
Oklahoma, according to the recorded plat
thereof.
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.  “Living Unit” shall mean and refer to any portion of a multi-family structure situated on the properties designed and intended for the use and occupancy as a residence by a single family.
10.  “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.
11.  “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.
12.  “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.

ARTICLE III

MEMBERSHIP

Every owner of lots described in Paragraph 3 of Article II shall be a member of the corporation.  Membership in Burning Tree East Association, Inc., 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 shall be entitled to the use and enjoyment of the common area and facilities as provided in the Declaration.  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.  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;
(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 for any period during which any assessment against his lot or parcel remains unpaid;
(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 fourth Wednesday of October 1981, and each subsequent annual meeting of 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.
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 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 IV

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.  The number of directors elected to serve until the first annual meeting and until their successors are elected and qualified shall be seven (7) directors, but in no case shall there be fewer than three (3).  Thereafter, the number of directors shall be determined by the members present at each annual meeting.  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 members.
2.  Directors shall serve for a term of one (1) year and election to the board may be by secret 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; however, any director may be reimbursed for his actual expenses incurred in the performance of his duties.

ARTICLE VII

MEETINGS OF DIRECTORS

1.  Regular meetings of the board shall be held monthly at a stated time and place.
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.
5. All board meetings are open to the membership.
6. All votes shall be recorded by name.

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;
(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;
(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.
(f) Any contract which could extend beyond one year or is valued at more than $1,000.. must be approved by a resolution of the membership at an annual or special meeting. If approval is sought at a special meeting, it must be announce on the agenda in advance.
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 the amt of the annual assessment against each lot and living unit at least thirty (30) days in advance of each annual assessment period, as hereinafter provided in Article XII, and
(2)        send written notice of each assessment to every owner subject thereto at least (30) days in advance of each annual assessment period;
(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.  A reasonable charge may be made by the board for the issuance of these certificates.  If a certificate states an 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; 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. 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 office he replaced.
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.
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.

ARTICLE X

MASTER ASSOCIATION

1.  The Association is a member of Burning Tree Master Association, Inc. Membership in the Association shall entitle the members of the Association to the right, use and enjoyment of the common areas and common facilities of Burning Tree Master Association, Inc., subject to the Articles of Incorporation and Bylaws of Burning Tree Master Association, Inc.
2.   The affairs of the Burning Tree Master Association, Inc., shall be managed by a board of directors.  The number of directors 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 present at each annual meeting.  The Association may elect two (2) directors to represent the Association on the board of directors of the Burning Tree Master Association, Inc.
3.   Each director elected by the Association to serve on the board of directors of the Master Association shall serve for a term of one (1) year and election to the board may be by secret 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.

ARTICLE XI

BOOKS 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.
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.

ARTICLE XII

ASSESSMENTS

1.  By the declaration each member is deemed to covenant and agree to pay the Association:  (1)  annual assessments or charges, and (2) special assessments for capital improvements.  The annual costs of collection thereof, as hereinafter provided, shall be a change on the land and shall be a continuing lien upon the property against which each such assessment is made.  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 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 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 $180 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
above that previously established by a vote
of the members for the next succeeding two
years and at the end of each such period of
two years, for each succeeding 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 or delivered  to all the
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-third (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.
(b)   After consideration of current maintenance
Costs and future needs of the Association,
the Board of Directors may fix the annual
assessment at an amount not in excess of the
authorized maximum.
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
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 (d).
The annual assessment for each living unit
constructed on a multifamily lot shall
be the assessment fixed for a lot.
4.   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.
5.         At the first meeting called, as provided in Sections 3 and 4 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 4, 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.
6.  The annual assessments provided for herein shall commence as to all lots or living units on October 1, 1978.  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 recommend to the members of the amount 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 lot 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.
7.  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.  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, and the Association may bring an action at law against the owner personally obligated to pay the same, or foreclose its lien against the property, 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 provided for herein by non-use of the common area or abandonment of his lot or living unit.  Assessment liens shall continue for a period of one (1) year from the date upon which an assessment becomes delinquent, and no longer; provided that 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.
8.  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.
9.  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 XIII

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, or
(b)        distributed to members of the corporation in a reasonable manner.  Any such funds so distributed to the members of the corporation shall b used in the discretion of each such member for the payment of operating expenses of such member 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 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, 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 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 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 shall be suspended from participation in the affairs of the corporation, and the member’s membership shall be prohibited from using the facilities of the corporation until such time as the amount assessed is paid by the member.

ARTICLE XIV

CORPORATE SEAL

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

ARTICLE XV

AMENDMENTS

These bylaws may be amended, at a regular or special meeting of the members, by a vote of a fifty percent (50%) majority of a quorum of members present in person or by proxy.

ARTICLE XVI

FISCAL YEAR

The fiscal year of the corporation shall be the calendar year.
ARTICLE XVII
The Corporation shall indemnify to the extent permitted by
law any director or officer, pr former director or officer, of
the Corporation for expenses and costs (including attorney’s
fees) actually and necessarily incurred by him in connection
with any claim asserted against him, by action in court or
otherwise, by reason of his being or having been such director
or officer.

ARTICLE XVIII

The provision of Articles V and XII shall not be
applicable to the first general meeting to be held on
October 28, 1981 to the extent that the notice requirements
are not met.

Adopted this ____ day of ________, 19      .
(corporate seal)                                          BURNING TREE EAST #5 ASSOCIATION, INC.


ATTEST:
______________________________       By:   _____________________________
Secretary                                                             President

"Anonymous" In Burning Tree

Well who would have thought that the same degenerates occupying Wall Street, organized by ‘anonymous’, (billionaire George Soros, and big labor union thugs) would be sending threatening letters to our residents in Burning Tree!

It has come to the attention of many that this despicable practice is being played out right here in our neighborhood. A sad commentary indeed. Those who feel that the ‘status quo’ is being  threatened, have taken to writing letters of intimidation to people brave enough to take a stand and speak their mind, anonymously, of course. Other letters sent around the neighborhood are just long angry speech, (rantings) of madmen/women, for whatever reasons. They do not have the courage, integrity or forethought to bring their concerns forward and speak directly to those they deem ‘the problem’. This practice of intimidation is cowardly, and reveals the darkness of their heart.

My grandfather once told me that there are two kinds of people:  those who work and those who take the credit.  He told me to try to be in the first group; there was less competition there.  ~Indira Gandhi

I hope I shall possess firmness and virtue enough to maintain what I consider the most enviable of all titles, the character of an honest man.  ~George Washington

It is a man's own mind, not his enemy or foe, that lures him to evil ways.  ~Buddha

Walking Through Time...The BTMA Today....

In 1826 Boston, an exclusive sub-division was built. This elegant neighborhood consisted of a centrally located private park surrounded by large, up-scale homes. The development was known as Louisburg Square and was complete in every detail but one: it seems the builder neglected to make arrangements for the maintenance of the private park.
In response to this oversight, some of the owners organized themselves into a “Committee of Proprietors” and undertook the responsibility of maintaining the park. They also drew up a document binding themselves, and any future property owners, to the maintenance of the park. Today, this voluntary group of Louisburg Square homeowners is considered to be the founding fathers of our contemporary, residential homeowners associations. And the document they created is thought to be a precursor to our modern restrictive covenants.

In 1926, New York City developer Alexander Bing set up a corporation called the City Housing Corporation (CHC). Bing was the first developer to try to use the CID (common interest development-planned community-like our Burning Tree) model to provide low cost housing for the working class.

His development, called Rayburn, was located in New Jersey. Bing expanded the use of restrictive covenants as a means of limiting the rights of the owners to alter their properties. He did this not as a means of protecting property values or preserving his own vision indefinitely, but to prevent owners from enhancing their homes to the point that property values rose beyond the reach of his target market.

He created a mandatory-membership homeowners association with its own private government based on the council-manager plan.  He created a government by contract, not consent. The association was incorporated and given the usual powers to provide municipal services, tax owners, and dictate architectural standards.

Flash forward to 2011, smack dab into our planned community development called Burning Tree and what do we have to show for our "restrictive covenants" and homeowner assessments these 30 years?

Let's analyze: Outbuildings are not allowed according to the covenants, yet, they are so numerous that one is in the minority if one does not have them.

There is some tent like structure high above the fence that houses a boat in the back yard of a former director....that is so attractive. It just screams class. And somehow they feel they are better than  those living in an  apartment, or duplex.

No security, no beautification, our streets impassable in snow and ice storms rendering many unable to get out of the neighborhood...to get to work.

We are surrounded with Oxford Houses, section 8 housing, gangs, and all their 'tagging' (painting) of our areas,  plus our property values are tanking. But we have a pool complete with dwindling  participation, and declining associate memberships. Oh, forgot to mention the lovely barbed wire stretched on top of the chain link fence surrounding the pool. Could any of this possibly be the reason(s) why other neighborhood pools look more attractive to paying customers than ours?

When did the BTMA decide to quit assessing the apartments?

Thank you to a homeowner for the recent question regarding the rumor that Mr. Henshaw just forgot to amend the covenants to remove the apartments and duplexes.

After in depth research into newspaper articles and public records we can assure you that is NOT the truth at all! It was three years from the time the BT One homeowners decided they did not want to be in the same water as renters before a lawsuit was even thought about.

There are two very important things to remember about Burning Tree Master Association that they are hoping you won't realize when they proclaim that they have amendments to the by-laws.

Burning Tree Master Association has no authority whatsoever to:

a.) change a subdivisions Covenants to do anything such as excluding the duplexes or apartments.  The Burning Tree Master Association by-laws cannot change what is in a subdivisions covenants.) 
NOR
b.) assess any subdivision, any homeowner, any duplex  or any apartment owner 

Simply put, the Burning Tree Master Association has no right to demand assessments from homeowners, duplexes or apartments. The subdivisions and homeowners are NOT tied to Burning Tree Master Association, no matter how red-faced a certain officer grasps the back of her chair and says through gritted teeth that she WILL be assessing homeowners.  Hollering that  the Burning Tree Master Association amended their by-laws to exclude duplexes and apartments in a subdivision is a pathetic smoke screen to try to confuse homeowners into forgetting that Burning Tree Master Association does not have, nor has ever had the authority to assess anything.
 

Mr. Henshaw would not have been the one to have amended a subdivisions covenants anyway as the homeowners would have had to have done it. 


Below you will learn how Burning Tree One homeowners decided they did NOT want the apartment and duplex dwellers getting into their pool. Heaven forbid! Note that it was three years before the homeowners sued Mr Henshaw the developer. (Mr. Henshaw was made loans from his own company to Burning Tree Master Association where he sat as president and obligated homeowners to re-pay them. Homeowners won the lawsuit.) 


In 1977, during negotiations  with the Hardesty Co. for construction of what was first known as the Burning Tree Apartments Hardesty the potential buyer/builder stated that he had been involved with other projects for renters to use the same leisure facilities as homeowners and it just not worked out.  Querying the homeowners in Burning Tree One (the first subdivision built) about sharing their recreational facilities with the  apartments and duplex dwellers  these homeowners overwhelmingly agreed that they did not want to share the recreational facilities with the duplex and apartment dwellers in their recreation complex and voted unanimously to exclude the renters. 
  

That was the response from Burning Tree One, in 1977,  However:

• Henshaw failed to amend the Covenants to do this. 
• INCOG advised no amendments to the PUD were ever filed with them to remove apartments or duplexes from the PUD (for zoning purposes). Thus, when wanting to make changes, the duplexes and apartments  continued to follow the guidelines, requesting approval and amending PUD 112.

1979 August 6 BTMA  Pres Mendes Napoli advised that the apartments were still paying assessments.

All was going on in 1977 but PLEASE NOTE THAT it was not until 1980-- three years after Burning Tree One voted to not let the apartments and duplex dwellers in  that homeowners even realized what Henshaw had done to them. It was after that the lawsuit started.

March 15, 1980 Tulsa Tribune: An estimated 120 residents of the fashionable southeast addition—admittedly dumbfounded by reports that each could be liable for parts of $120,000 in debts incurred while Nat Henshaw had control of their homeowners association gathered at Union High School to determine a course of action.


Henshaw, the developer, had membership in the Burning Tree Homeowners Master Association. Because his company 61^st St and Memorial Development Corp owned the lots, he had control of the master association and was, in effect, able to represent original and future homeowners in deals with his firm.


Henshaw controlled the Master Association. He set it up, determined how many directors there would be, he owned the property, kept the corporate seal even when others became president of the Master Assn, and to all intents and purposes, was the Master Association in 1979.


1980 April meeting- Henshaw placed 3 new directors to represent the apartments, duplexes and the not yet built BT Plaza.

1980 Oct 14, Nat Henshaw resigned from the Burning Tree Master Assn.

1984 May 15 Lawsuit was settled and the check given by Mr. Henshaw to the BTMA.

"Repetition does not transform a lie into a truth."
-- Franklin D. Roosevelt