Friday, October 7, 2011

Where Do We Go From Here?


This year has been an enlightening journey at best, as we have combed through our governing documents for clarification on their meaning, purpose and how it applies to each and every homeowner. Many hours have been spent on the phone calling state and local agencies, plus meeting with them in person to gain a clear understanding of these documents. The following information is accurate, and the first point is  from the BTMA Articles of Incorporation.

Article V
MEMBERSHIP
1.Every Burning Tree Area Owners Association approved by Declarant shall be a member of  this corporation. (Unfortunately the developer failed to set up  subassociations.  The homeowners who set up the corporations instead set up  separate corporations that are not tied in, in any way to the BTMA or to each other. OOPS!) Membership in any Burning Tree Area Owners Association shall entitle the members of that organization to the rights of use and enjoyment of all facilities of the corporation.  



2.The BTMA cannot reach across to the separate corporations and assess each lot owner (homeowners).  Nor can they 'make' each subdivision activate their corporation by electing officers, so the BTMA can try to assess that corporation. There is absolutely nothing stopping a homeowner from willingly giving money to the BTMA. Once again, there are no documents that make homeowners pay any money to the BTMA.

3. The BTMA cannot reach over to any subdivision and demand payment, or threaten liens, foreclosure, judgments, or reach into your personal bank account for payment of dues. Yet, this practice has been done to homeowners for thirty plus years, because those who got themselves onto  the BTMA board of directors admit they had absolutely no understanding of what the governing documents actually said.

Having read all the governing documents for all subdivisions it becomes so very clear, that no one realized "who was on first".  We have a Master Association charged with the responsibility of simply maintaining the common areas, ie: the pool, bath house, tennis courts, and the mowing of greenbelt areas; nothing more . We have four subdivisions that are stand-alone (meaning separate) corporations, not tied-to or under the jurisdiction of the BTMA.

This brings us to the question, Where Do We Go From Here?

I cannot think of any one person who wishes to see the pool shut down with graffiti from one end to the other or the greenbelt areas growing knee high. The newly elected directors MUST have a vision and plan; they must be able to 'think outside the box', and execute those plans in a responsible manner. 

For example: We have some dedicated residents who love and enjoy the pool, why not save thousands of dollars in salary and let them volunteer to manage the pool? This is a very workable idea. Homeowners simply purchase pool memberships instead of paying assessments. Past BTMA boards have kept out the duplexes and apartments dwellers. That doesn't sound like a great idea anymore.



What is the plan for promoting the pool year round?

  • Selling lots of associate memberships??  
  • Have any board members asked Sungate how they maintain their beautiful pool without their entire neighborhood paying for it?
  • Why not plan your child's summer birthday party at the pool today!
  • Limit the number of parties and pay it now to get the 2011 price instead of waiting to pay the  2012 prices.
  • Stop trying to undercut other pools by selling $125 or $165 memberships when others are charging $315 and getting it!! 



When was the last time you heard from your director from your particular area, asking what your concerns are?

The success or failure of our neighborhood rests upon each and everyone of us.


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