Does the legal description in the Burning Tree Master Association Articles of Incorporation tie subdivisions to the Burning Tree Master Association

Legal descriptions were included simply to show where the Burning Tree Master Association owned property. 

The legal descriptions, in the Burning Tree Master Association (BTMA) Articles of Incorporation, in Article IV were included to show the location of the properties owned by the Burning Tree Master Association.  Burning Tree Master Association  owns properties within the subdivisions of Burning Tree One, Burning Tree East and Burning Tree South.

Homeowner misinterpreting what he tried to read confused a small number of homeowners who don't check to see if he had the facts correct.

While the Burning Tree Master Association  Articles of Incorporation include a legal description of simply where Burning Tree Master Association owns land much unnecessary confusion among homeowners is the result of one homeowner trying to interpret Burning Tree Master Association ’s Articles of Incorporation.

The homeowner incorrectly interpreted that by those legal descriptions being in the Burning Tree Master Association  Articles of Incorporation that  it meant  that the subdivisions in those areas were tied to the Burning Tree Master Association.


Unfortunately he has blurted out his incorrect assumption at more than one meeting, as if it were fact. 

Attorneys do not agree with confused homeowners misinterpretation.

It is important to note that not one attorney read the document to mean that by the Burning Tree Master Association having legal descriptions  in their Articles of Incorporation, stating where Burning Tree Master Association owns property, that it tied any subdivision to Burning Tree Master Association  or gives the Burning Tree Master Association  authority to assess any homeowner. (Interestingly, the Secretary of State's office didn't see that any subdivision was tied to the Burning Tree Master Association, either.)

Why was Burning Tree Master Association formed?

Article IV of the Burning Tree Master Association Articles of Incorporation clearly states that Burning Tree Master Association was formed to enhance and protect the value, desirability and attractiveness of their properties located in those areas.

BURNING TREE MASTER ASSOCIATION

ARTICLES OF INCORPORATION

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

Note that the Articles of Incorporation do not show that Burning Tree One, Burning Tree Plaza, Burning Tree East, or Burning Tree West are tied in either.

· According to the Secretary of State, all subdivisions were filed as separate entities, not tied to the Burning Tree Master Association . There has been no merger or consolidation of the Burning Tree Master Association  with any subdivision, as would first be required by the Articles of Incorporation according to Article VIII,  in order to tie the two together together.

DID YOU ALSO KNOW:
· According to court documents, in the 1980s, homeowners successfully won their case against a past President of the Burning Tree Master Association who was required by the court to pay a large settlement for those actions.

· Even if Burning Tree Master Association  had ever had a legal right to assess homeowners in any of the subdivisions, the homeowners were never allowed to vote on any assessments. Yet, the Burning Tree Master Association  assessed and liened homeowners based on whatever amount the Burning Tree Master Association  board of directors wily-nily  set  the amount to be, while their own Burning Tree Master Association  by-laws do not even allow the board of directors to do this.

Wonderful analogy makes it all very easy to understand!

An elderly lady decided to give herself a big treat for her significant Birthday by staying overnight in one of Chicago's most expensive hotels.

When she checked the out next morning, the desk clerk handed her a bill for $250.00.

She exploded and demanded to know why the charge was so high. "It's a nice Hotel but the rooms certainly aren't worth $250.00 for just an overnight stop without even breakfast."

The clerk told her that $250.00 is the 'standard rate' so she insisted on speaking to the Manager.  The Manager appeared and forewarned by the desk clerk announced: "the hotel has an Olympic-sized pool and a huge conference center which are available for use."

'But I didn't use them," she said. ''Well, they are here, and you could have," explained the Manager.

He went on to explain that she could also have seen one of the in-hotel shows for which the hotel is famous. "We have the best entertainers from New York , Los Angeles, and Las Vegas performing here," the Manager said.

"But I didn't go to any of those shows," she said.

Well, we have them, and you could have," the Manager replied. No matter what amenity the Manager mentioned, she replied, "But I didn't use it!"

The Manager was unmoved, so she decided to pay, wrote a check and gave it to the Manager.
The Manager was surprised when he looked at the check.

"But madam, this check is only made out for $50.00."

“That's correct. I charged you $200.00 for sleeping with me," she replied.

"But I didn't!" exclaims the very surprised Manager.

"Well, too bad, I was here, and you could have."

Thank You Mrs. Griffin And Students

Look at the smiles on the faces of these children who are giving to Veterans.
Isn't giving (not just "receiving")  what Christmas is all about?

Veterans Cards Mrs. Griffins 2nd Graders at Allen Bowden are making Christmas cards for  Veterans who are in the  Jack C. Montgomery Hospital in Muskogee. Mrs. Griffin, a teacher at Allen Bowden School near Sapulpa   to have her students make Christmas cards to distribute to the patients at the VA hospital in Muskogee on Christmas Eve.  Mrs. Griffin thought this would be a wonderful opportunity to teach her students about community service integrated with language arts.  Mrs. Griffin’s students were delighted with the idea and spent numerous hours composing, revising, and decorating their cards.  Each card is unique and contains the child’s picture.  Griffin also got the 1st and 3rd grades involved.  The children hope to hear back from some of the veterans and probably will.  They will try and continue this “random act of kindness” with other holidays as well.

Helen Griffin M. Ed.
2nd Grade Teacher
Allen Bowden School
(918) 224-4440 ext. 16
(918) 381-0144 (cell)
hgriffin7@cox.net

Obama's Letter To Santa

• The White House Office of the President December 14, 2011

• Dear Mr. Claus ~
  As we celebrate the joyous season of Christmas, I know that I speak for many Americans in wishing you well on your trip around the globe and thanking you for the joy that you spread on an annual basis. You know I’ve always been a fan of yours – anyone who spends most of their time handing out gifts to people who did nothing to earn them is all right by me.
  Despite my personal affection, however, the responsibilities of the presidency compel me to speak out when there are wrongs that need to be redressed. And as you saw when my administration attempted to levy a tax on Christmas trees earlier this year, we make no exceptions for the holidays. As such, I must inform you that your Christmas rounds will have to be cancelled this year unless you agree to abide by the following rules and regulations set out by my administration:
  • All elves in your workshop are to be immediately unionized. Should you fail to comply with this directive, the National Labor Relations Board is prepared to bring suit and demand that all assembly be done at a closed shop in Michigan that pays three times the prevailing wage and provides six weeks of leave time at full pay.
  • Every mile your sleigh travels over American airspace must be offset by the purchase of carbon credits. If your team can provide sufficient documentation to prove that this is an excessive financial burden, we are prepared to subsidize the purchase of a hybrid sleigh, though you will need to stop to charge the vehicle approximately once every 30 minutes.
  • The First Lady is concerned that your weight sets a bad example for America’s children. In order to counteract the growing epidemic of obesity in the United States, you will no longer be allowed to consume milk and cookies in American homes. We have no intention of ruining a cherished tradition, however, so we will be instructing parents throughout the nation that it is acceptable to leave you a glass of tomato juice and a plate of tofu.
• Our Department of Education has substantial concerns about your employment of "naughty and nice lists," which have been deemed injurious to the self-esteem of America’s young people. We realize this is a valuable part of your inventory process, so we are happy to let the practice continue, provided that the lists now be referred to as "Good A" and "Good B."
• As a matter of political prudence, the Justice Department has requested that you remain silent about the firearms we have asked you to deliver to Mexico in the past few years.
• Finally, we know that you are considering retiring in the near future. While not a directive, we would ask that you consider Vice President Biden as your replacement. We frequently find him talking to reindeer for no good reason, and feel that it would be useful to at least put that tendency to work in a productive fashion. 

I realize that many of these requests may seem onerous. However, America has always been a place where we routinely sacrifice for the good of others, and that’s what we believe we are asking you to do here. We want you to think of us as your federal family – collaborators, not regulators.  We’re here to help. In fact, there’s even a chance that you could be eligible for stimulus money if you’re willing to adhere to a few basic requirements (such as delivering presents in proportion to a state’s number of electoral votes).

I apologize if any of this presents an inconvenience. Please know that Michelle and I still consider you a good friend.

You’re always welcome in our house,

President Barack Obama

P.S. – “You’re always welcome in our house” is a figure of speech. If you try to come down the White House chimney, the Secret Service will shoot you.

Wisdom From 1916

You cannot strengthen the weak by weakening the strong.
You cannot help small men by tearing down big men.
You cannot help the poor by destroying the rich.
You cannot lift the wage earner by pulling down the wage payer. ... You cannot keep out of trouble by spending more than your income.
You cannot further the brotherhood of man by inciting class hatreds.
You cannot establish security on borrowed money.
You cannot build character and courage by taking away a man's initiative and independence.
You cannot help men permanently by doing for them what they could and should do for themselves.

William J. H. Boetcker , 1916 (often attributed to Lincoln)

Lessons Of Living In A HOA (Must Read)

/http://www.thehoaprimer.org

Random Acts of Christmas Kindness

Each day leading up to Christmas, you are encouraged to take a mini-mission to spread joy! Count down the days leading up to Christmas by Giving, Serving, and Helping others (including others in your own family). As you celebrate by sharing "acts of kindness", (you and others) will experience the true meaning of this glorious season - Jesus.

It is simple. Take time to review the following tasks as a family. Feel free to do something different than what is listed below or to do different acts on different days. Leave a "Random Acts of Christmas Kindness" card each time you perform an act. Remember to pray for the family or people that you serve. Have fun, celebrate Jesus, and be a blessing to others!

December:

1st. Gather old coats from your closet and take them to participating shelters.

2nd  Practice the gift of listening: As you and your family go about the day practice not interrupting, not day

       dreaming-just listening as you interact with others.

3rd  Buy a hot cocoa or coffee for Salvation Army bell ringers.

4th   Read Jesus' birth accounts as a family (Matthew 1:18-25, Matthew 2:1-12; Luke 1:26-38: Luke

        2:1-20). Have fun and enjoy and evening together.

5th   Fill a few Christmas bags for Good Samaritans.

6th   Send a card and a Christmas gift packed to a soldier who is overseas.

7th   Bake and deliver Christmas cookies to local teachers.

8th   Offer to buy a pack of gum or mints for the checkout clerk at the grocery store.

9th   Tape candy canes and Christmas notes to ATM's, vending machines, etc. 

10th  Go to the Christmas parade. Celebrate the joy of Christmas with your community. Consider inviting 

         another family to go along with you.

11th  Invite a neighbor family over for to your house for Christmas coffee and dessert.

12th  Pray for your neighbors and your community.

13th  Write short thank-you notes to those who have made a positive difference in your life.

14th  Leave quarters at a public laundromat with a "Merry Christmas" note attached.

15th Collect canned goods in your neighborhood for a church pantry or John 3:16.

16th  Take your family to visit a local nursing home. Sing Christmas carols. Shake hands. Spread Christmas

         cheer.

17th  Set up a "helping task force"- take back shopping carts, hold open doors for rushed and weary

         shoppers.

18th  Watch a Christmas movie together as a family.

19th  Leave a basket of food to help with dinner in the doorstep of a family that needs it.

20th  Greet as many people as possible today by saying "Merry Christmas".

21st  Call as many friends as possible and wish them a Merry Christmas.

22nd Buy coffee for a stranger at a local coffee shop or restaurant.

23rd  Leave a present in your mailbox for your mail carrier.

Christmas Eve: Take a Christmas surprise to an all-night drug store employee.

Christmas Day: Deliver something special to folks who are working and/or recovering at the hospital.

    

How Quickly They Forget (Important for all homeowners)

First: Having a homeowner's association (HOA) does not raise (nor retain) property values.


If a HOA was proactive at improving common areas, amenities, plus enforcing covenant restrictions, maybe property values might hold even. Not so much for our neighborhood: outbuildings abound, chickens live happily in neighbor's back yards, boats and other such items are stored in plain sight,  fences with gaping holes and broken pickets,  (Yes, covenant restrictions each and every one...and each homeowner can force his neighbor to abide by it...That is what small claims court is for.) 

Ever hear the story of the monkeys in a cage with bunches of bananas at the top of the cage? Every time the monkey climbs up to get a banana, they are deterred,(sprayed with water) and eventually quit reaching for the fruit. As new monkeys are added to the cage, and reach for the bananas, the older ones communicate to them that it is futile to try and get the bananas. This makes an excellent  point about living in a planned unit development. (Burning Tree)

Second: The master association cannot assess any individual lot owner. Period. The entire web of mis-filed paperwork is a nightmare at best, and also is the conclusion of many, many attorneys. (Nat Henshaw did all of us such a disservice by not filing and amending the proper paperwork)

For all those acting like children", screaming loudly that they want everyone to pay assessments, go ahead, open up your own checkbook, send all the money you can to support the neighborhood. Get involved with the master association board and canvass the Burning Tree neighborhood for donations and associate pool memberships. Has everyone noticed that those same  "children" do not want to contribute a single red cent? Heck, no! They want you and I to pay for their entertainment.

The entire concept of HOA's is redistribution of wealth....take from all to support what they want....i.e. entitlements. When all the people in this neighborhood realize that the master association has no power to make us pay anything, those "children" will continue to scream and have a complete meltdown. Fine. We know the truth, and the truth will prevail.