Friday, November 9, 2012

Will on the Fall Festival

What in tarnation happened to the fine ole Chillee Cookin Contest that was paraded around with much fanfare and hot air? An we all was so sad we couldn't get our pumpkins down to the pool area, like Jewels told her neighbor and that neighbor told...........

Ya know they even put it in there August nooseletter, for sure now they did!  Em Jae is really in a pickle now cause she done told all her 27 cousins that they ain't gonna git any of them fine chillee fixins! Tried to console her by sayin that maybe theys gonna have that chillee cookin contest on the Forth of July when it's really hot outside so when you eats all that hot 'n spicey food it won't matter no how, cause you are already sweatin!
An Em Jae's fourteenth cousin Bob was all excited 'bout gettin in the pool and catchin some apples.

Guess it jest goes to show you that if it ain't happenin down to the pool in the summer, well, by golly darn, it ain't never gonna happen, cause most of them ole bored members are blowin hot air jest like the ole summer winds................


What's Up With The BTMA?

Well, let's see................

Minutes from meetings have not been  posted on their website since June, no mention of the newly elected directors and officers from the September Annual Meeting, and where and what time are the meetings currently held?

Meanwhile, all the trees in the common areas (rose bushes, crepe myrtles) are withering and dying from lack of water. The green belt areas are starting to look like 'the land that time forgot'.  One can only surmise that is what happens when you have a board of directors with tunnel vision, as in, the pool is the only thing worth spending people's money on. Does the board not realize that maintaining the common areas and greenbelt areas is the BTMA's responsibility?

And in another completely related story:

A homeowner who is in the process of re-financing their home, found out  the value has dropped $8,000 dollars in just 3 years! This home has been completely remodeled, is on a very large lot and has a pool! The question was asked if it was because the housing market in Tulsa is down, and the reply was no; the housing market in Tulsa is very much alive and prices are holding steady. It is the perception of a declining area that will hurt home values, and the appraiser surely got an eye full while cruising the 'hood'.

The dead and shriveled shrubs and trees just scream neglect! Falling down fences, garbage cans in front yards, limbs piled high in the greenbelt areas (for weeks on end) sends a message to those driving by, this is a neighborhood in decline.

Alas, all this will just fall on the deaf ears of the board because they only have eyes for their beloved pool. One will never find plants in need of water inside those gates, nor a lack of money spent on making certain the pool area looks good! Projects are discussed, some are started; most are left in the trash bin to be recycled with good intentions ad nauseam.

Fingers will point, tempers will flare and next year all the dead trees and shrubs will be uprooted and new ones planted, only to die yet again from lack of water and neglect. Brings to mind the old adage: the more things change, the more they stay the same.









Sunday, October 21, 2012

Christmas Lights Contest

Back by popular demand.........

Except this years Christmas Light Contest is Not sponsored by the BTMA! Can you say Whoo-Hoo!

Donations from outside the BTMA are coming in, and hopefully the corporate sponsor some have been courting, will sign on with even bigger prizes next year!

Every area within Burning Tree is part of the contest, whether owner or renter, duplex or single family residence.

Two years ago the BTMA allowed $100.00 for the contest. This year donations are $200.00 plus gift certificates from local business and restaurants.

Judging the contest will be a combination of non-residents and residents of the Burning Tree Area.

Contest dates are from December 15-19th, and prizes will be awarded to the winners the evening of December 21st, 2012 (Friday evening).


Happy decorating! Let's light our neighborhood up!



Monday, September 24, 2012

Please get out your covenants and read them for yourself!

In the following you will see that Burning Tree Plaza Certificate/Deed of Dedication is the only one that states that the HOA is  a member....even though  Burning Tree West and Burning Tree East can also be assessed.  


Recently a letter was sent by the Burning Tree  Master Association board of directors to  homeowners which states that homeowners are "covenant obligated" to pay assessments. It was also stated by a  director that since the Secretary of State did not show the corporations were tied together that it is within the Certificate/Deed of Dedication  that one will find if the HOAs were "approved by declarant".  

It is within the Certificate/Deed of Dedication where one will find if the HOA  was "approved by declarant".  That being said, all attorneys for homeowners who have read the documents, including an attorney who lives in Burning Tree have seen that:

  • Covenants for Burning Tree One/Two and Burning Tree South do not give ANY authority to the Burning Tree Master Association.
  • While Covenants for Burning Tree East, Burning Tree West, and Burning Tree Plaza do give the Master Association the authority to assess only the Burning Tree Plaza HOA is shown to be a member.
  • The BTMA Articles of Incorporation states that the MEMBERS are the area associations that have been approved by declarant: Every Burning Tree Area Owners Association approved by the Declarant shall be a member of this corporation. (It does not say it is  homeowners who are. Each subdivision has their own incorporated homeowners association, except for one small area in Burning Tree East that never was set up.) Yet, it looks like those lots with houses have been assessed and some even liened!

Thus, only three areas (Burning Tree East, Burning Tree Plaza, and Burning Tree West) can be lawfully assessed and of those three, only the Burning Tree Plaza Association shows to be a member of the
Burning Tree  Master Association.

Further,  the covenants state that every lot owner has an EASEMENT to use the facilities in their own subdivision and of the Burning Tree  Master Association as long as they abide by the rules and regulations. 

What are the rules and regulations that one must abide by to use the Burning Tree  Master Association facilities?   According to the Burning Tree  Master Association  by-laws rules and regulations govern the use of the common area and facilities, and the personal conduct of the members and their guests therein, and penalties for the infraction thereof.   (The apartments and duplexes are part of Burning Tree and have the same easement to use the facilities. )


Only members can vote, right? So anyone who votes (proxy or not) and is not a member would be doing so unlawfully. What happens at the meeting on Monday night will be recorded by several homeowners to verify for the court that the minutes match what is recorded. 


 
The developer filed the documents as you read them today....Again, the covenants do not, and never have, given the Burning Tree  Master Association any right to assess in Burning Tree South or Burning Tree (" One") subdivisions. In fact, Burning Tree South never needed a petition to try to get away from Burning Tree  Master Association!  

Burning Tree  Master Association's own Articles of Incorporation state that the members are the owners association, not the lot owners, no matter how much the Burning Tree  Master Association board of directors tries to spin it. Further, several homeowners are in possession of  a letter written by a former President of the Burning Tree  Master Association who was an attorney and who stated that the homeowners are not the members. The covenants do state that  anyone owning a lot can prosecute at law anyone who attempts to violate or has violated the covenants.

Please get out your covenants and read them for yourself!   If you do not have a copy or if yours are too small to read: TeShauna purchased the maps of all subdivisions and the deed/certificate of dedication from Tulsa County
(and has had them blown up). You are welcome to look at them to read it for yourself.


Click on these links to the attorneys  Thomas Affeldt and Scott Byrd  (with different law firms) to read their letters regarding
Burning Tree  Master Association putting on liens without authority to do so.


Burning Tree Plaza Certificate/Deed of Dedication is the only one that states that the HOA is  a member....even though  Burning Tree West and Burning Tree East can also be assessed.  

Please read: http://neighbordialogue.blogspot.com/2012/04/dear-burning-tree-resident-on-march-26.html

Sunday, September 23, 2012

Howdy! Its me Em Jae, Will's lady



Me and Will plum forgot to go by TeShaunda's at 9023 E 68th on Saturday  to see them documents she got from Tulsa County. We need to see the one that nobody seemed to know nothing about.

Well, that Miss TeShaunna she said anyone is welcome to come by and see them today, Sunday, for themself. She will be home.

I been reading several of the blogs and landssakesalive I think I could write a book review.  The documents all counterdix each other. I sure am glad that one woman who merged all the accounts of all the corporations together back when she and her husband was setting them up said that it is the covenants that you go by and she said you can have a hoa without being incorporated. And  she knows! She is exactly right that the covenants rule. So you all remember it was that merger lady said that. Them tape recording machines come in real handy. 

Anyone need a ride over to see the documents? Will is revving up the El Camino as I write. Just let me know and we'll swing by and get you. There is room for several more in the back. (We are going to make a Sunday drive of  the neigbhorhood like we see some of the other neibhors doing when they drive around  looking and looking. We will be on Teshawnnas doorstep about lunch time. Someone said she is all proper and will feed you real nice if you go to her house at mealtime so I skipped my second cereal bowl full of Toasty O's for breakfast and my stomach sure is growling.)  


Saturday, September 22, 2012

NO MORE SECRET VOTING BY THE BTMA!

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 THE BTMA BOARD WANTS YOUR APPROVAL TO KEEP DOING THINGS IN SECRET. 

Proposed Revision of BTMA Amendment


Article VII Meetings of Directors shall be amended to read as follows:

 Article VII 
Meetings of Directors

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 approval of all the directors either in written or electronic form. Such written or electronic form of action or vote by any member of the Board of Directors shall be included in the minutes*. Any action so approved shall have the same effect, as though taken at a meeting of the directors.

*IT DOESN'T MATTER IF THEY ATTACH IT TO THE MINUTES,  AFTER IT IS DONE. THEN IT IS TOO LATE! 


THIS MUST NOT BE ALLOWED TO PASS....NO MORE THINGS DONE IN SECRET VOTES!!


Questions blog viewers have sent that they want answered at the Sept 24th meeting.

QUESTIONS FOR THE SEPT 24th MEETING 




Keep your questions coming. We will post them here. Send to the e-mail at the top of this blog : truthandhonor1st@hotmail.com

  1. Did every lot owner get notified of the meeting?  (Duplexes and apartments?) If not, why not? Duplex and apartments are included in the covenants. An agreement or vote of other lot owners to exclude them CANNOT remove them! The only way to remove them is by a petition signed by a majority of the lot owners and filed with Tulsa County....read the covenants and you will see!! It would have had to have been done after Feb 1993, not in 1977 when the supposed vote to exclude them took place.  Excluding the apartments and duplexes is unlawful and it is a form of discrimination. (And no, not letting the apartment and duplex lot owners vote  "because they haven't paid assessments" does not fly. The excluded lot owners are now aware that the BTMA simply did bother  to assess duplex lot owners. The owners have the legal right to delegate their rights to the renters who could then be charged a "REASONABLE admission fee"....that comes from the BTMA bylaws) Of course, according to the covenants, those living in BT2  don't have to pay assessments...read the covenants...they have an easement to use the facilities and can pay as they use the facilities.
  2. Why were we not told beforehand who the candidates for director are?  There are several who wanted to run who feel like they were again made to feel unwelcome at meetings. 
  3. Why are we not allowed a chance to study any and all proposed amendments, instead of having it sprung on us after our proxies have been picked up? It was not put on the agenda in the meeting notice that was sent out to homeowners as the BTMA bylaws do require. 
  4. What exactly is this Lawsuit? It needs to be discussed if we are members!
  5. Audits-   (Fiscal year 2012 ended April 30, 2012) so is it done?  The by-laws require   a copy to be given out to every member. Look at the bylaws --there was a deadline to get them out to the members.  (The bylaws do NOT allow for putting it on a website. We have too many members without internet access!)  Bylaws state 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. 
  6. Amendments for outbuildings/shed (The BTMA has no authority and cannot take a vote so why are they confusing everyone? Do they really still not understand their authority?)
  7. Why was nothing on the agenda done at the last meeting? Even if directors could not be voted on the rest of it should be done.  
  8. Why are members not allowed to see the records?  ARTICLE X 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.
  9. There was no agenda in the notice we got in the mail regarding the annual
    meeting. It only said there would be voting on new directors and the follow-
    ing topics would be covered:  A brief overviews of last years accomplishments,
    voting on a new slate of BTMA directors and amendments of the Association's
    by-laws. It did not say in the agenda that there would be voting on any amendments.
    Thus, anything else to be voted on (besides directors) would have to be done
    by special meeting.
     
    HERE IS THE BYLAW  ANNUAL MEETING-ARTICLE  V  MEETINGS 
    OF MEMBERS 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. 
     

Wendy Berezowski attests to an unlawful by-law amendment???






Burning Tree Master Association by-laws state:  ARTICLE XIV AMENDMENTS These bylaws may be amended, at a regular or special meeting of the members, by a vote of a seventy-five percent (75%) majority of a quorum of members present in person or by proxy.



  ~#~#~#~# ~#~#~#~# ~#~#~#~# ~#~#~#~# ~#~#~#~# ~#~ 
 


 BTMA Amendment 11/2/1982

Article X, Section 2 shall be amended to read as follows:
'There shall be an annual review of the books and records of the corporation by an independent public accountant and a copy thereof shall be available for inspection at the office of the Corporate Secretary upon request by any member.'

Jack Miles move, Ed Wardell seconded that the above amendment be accepted. Motion carried unanimously.

No, this is not lawful. It would have had to be done at a special meeting or the annual meeting of members and it is the members who vote, not the directors!   READ THE BY-LAWS ABOVE!
Where are supporting document that there was a vote of the members? NOPE AUDITS ARE STILL REQUIRED SINCE MEMBERS NEVER HAD A CHANCE TO VOTE


~#~#~#~# ~#~#~#~# ~#~#~#~# ~#~#~#~# ~#~#~#~# ~#~ 

AND THEN WENDY BEREZOWSKI SIGNED  SOMETHING SAYING SHE ATTESTS TO THE BOARD TAKING AN UNLAWFUL VOTE TO CHANGE THE BY-LAWS 

Amendment to Burning Tree Master Association By-Laws



Article X, Section 2 shall be amended to read as follows ;

"There shall be an annual review of the books and records of the corporation by an independent public accountant and a copy thereof shall be available for inspection at the office of the Corporate Secretary upon request by any member".

Attest: Wendy Berezowski for Ed Wardell, Secretary of BTMA November 1982


How and what is Wendy Berezowski actually attesting to? She did not live here then. A change to bylaws would have been done by a vote of the members. There MUST be supporting documents. When did the board in their minutes decide to put it up for a vote, where is a copy of the letter that was sent to homeowners to tell them of the meeting to vote, where are the proxies and the votes that passed it and the minutes for the meeting where it passed?  

~#~#~#~# ~#~#~#~# ~#~#~#~# ~#~#~#~# ~#~#~#~# ~#~ 




How much do Associate members pay to use the tennis courts?



How much is the BTMA charging Associate Members to use the tennis courts or is this included in the absurdly low price of $140 for a whole season at the pool? (Do the math: If they only pay $140 for a whole season--end of May to the first week in Sept-- how much is that per day for them to stay at the pool swimming  and play tennis all day long?)


In the board meeting notes from Aug 6, 2012 it shows "working on getting tennis court lights ..."

Associate members get to use the tennis courts for free ...so who do you think is paying for these lights for the associate members to use?

Assessment questions



At one meeting the Burning Tree Master Association board said "their attorney" told them they had to assess everyone for them to be covered. 


First of all,  that is NOT the BTMA's attorney. That attorney is paid by the insurance company to protect the insurance company against acts of the BTMA board! For some reason, the BTMA likes to call her "their attorney". ROFLMFAO!  (The insurance is paid for with your assessments, even though they were only supposed to be bonded, according to the by-laws. When the records are obtained everyone will learn if an amendment was made lawfully to allow them to change it from a bond to the very expensive D&O insurance.) 

  1. Did the BTMA assess all lot owners? First, are they  REALLY sure and second, why would would they do that when the only thing BTS and BTO have is an EASEMENT to use the facilities.   (Burning Tree South homeowners attorneys Thomas Affeldt   Scott Byrd , with different law firms,  letters regarding putting on liens without authority to do so can be viewed by clicking on those links.)
  2. Did the BTMA give the Covenants along with ALL the Articles of Incorporation from all areas to "their attorney" so the attorney had a true picture of how they were different? 

A certain board member actually stood there and claimed that the BTMA has the right to assess lot owners whose subdivision incorporated their Area Association. He also stated that lot owners aren't assessed if they are not in an incorporated Area Association.  (That is VERY important to remember and yes, he was recorded.) The BTMA did, in fact, put liens on lot owners in the Burning Tree East Area 6, and that is certainly NOT incorporated. Go back and read the attorneys letters above.


Is "their attorney" aware that the BTMA failed to assess Burning Tree Area #2 at all and also the duplexes although the apartments and duplexes are in incorporated Area Owners Associations?  Yes,  it was incorporated in 1980 and Dennis Phillips is the registered agent! 

 
So, why aren't the Articles of Incorporation for Burning Tree Area #2 on line? And where are the Burning Tree Area #4 by-laws on the BTMA website? Are they  admitting that they FINALLY get it?



But even better and contrary to what that certain confused BTMA officer stated, It is only the OWNERS ASSOCIATION in your subdivision that has the legal right to assess/lien lot owners (NOT THE BTMA). Further,  the subdivisions association  can only assess for ACTUAL repair, upkeep and maintenance of the facilities and land in the subdivision.


   When a homeowner took Burning Tree Master Association to court in 2009 it was determined that covenants "run with the land".  BTMA has no authority over the covenants. The covenants authority  belong to the HOA and the BTMA is NOT an HOA. They cannot change it to make it fit them. Minutes from 2009 show that Julie Lindquist (current Burning Tree Master Association board president) was on the board at the time of the incident  

The covenants are very clear on what can happen to anyone who violates or attempts to violate the covenants.


Who are the MEMBERS of the BTMA?

 
  1. ARTICLE XII ALLOCATION OF INCOME AND EXPENSES states the corporation was to apply all revenue  from whatever sources derived  and since it was not used  then it was to be distributed to members of the corporation in a reasonable manner. (We will find out from the financial records how much was still in the bank account at the end of each fiscal year in the past as MEMBERS should be given that money!) So now that it is time to divvy up the surplus from all years past as the BTMA board still maintains that homeowners are the members.
  2. If the BTMA Board (while still claiming that homeowners are members) ignores the above mentioned ARTICLE XII like they ignored Joe Nappo's  original request to see the records ) here is an OKLAHOMA STATUTE of which the BTMA needs to be aware:§ 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws: Any member may bring an action in the district court. to interpret, apply or enforce the provisions of  the bylaws (IN OTHER WORDS The BTMA board can be taken to court to enforce that by-laws be followed (which would include getting audits to make BTMA board members, past and present accountable to show where money --including the concession money from past years!  was spent.)
  3. Why is the BTMA buying expensive D&O insurance when  bylaws only allow for bonding? Do you know the difference between bonding and D&O insurance?  (How much is it? It is paid in April.)  D&O insurance? Why? By-laws call only for bonding? Where is amendment to allow D&O insurance instead of bonding?

Who really are the Members of the BTMA?   

How to remove Dennis Phillips from Registered agent?




Many of the lot owners have been asking how to remove Dennis Phillips as Registered agent from their subdivision.

It is our understanding that Dennis will need to sign a document we can download from the Secretary of State's website. We will need to have our new Registered Agent sign. It is suggested each subdivision have their own.

They said if Dennis will not sign there is another form on their site we can use.


Sheds



UNBELIEVEABLY, THE BTMA IS ASKING YOU WHAT YOU THINK ABOUT AN AMENDMENT FOR OUTBUILDINGS/SHEDS

First of all, most of us  do not care if someone has a shed or not....but since  the BTMA only has Articles of Incorporation and By-Laws, exactly which one of the BTMA Articles of Incorporation and By-Laws  is the BTMA board trying to amend? There has been no merger of any of the owners associations with Burning Tree Master Association and even if there were, covenants run with the land, not with the corporation.


MINUTES FROM 2009
Minutes in 2009 show that Julie Lindquist (current Burning Tree Master Association board president) was on the board  . It was noted in the minutes that when a homeowner took Burning Tree Master Association to court it was determined that the covenants run with the land and covenants can't be changed by anyone except the  homeowners in that particular subdivision. So Julie knows that covenants run with the land and BTMA has no authority over the covenants.  How many years has Julie been on the board now


Apparently the Burning Tree Master Association Board of Directors still doesn't understand that you can't merge covenants by a vote anyway. Why? Because the covenants are found in the Certificate of Dedication and (everyone, say it again) "run with the land". The covenants were in place before the owners association. That authority cannot be taken from the HOA and given  to any corporation that decides they are going to try to run over homeowners and make changes.

Burning Tree Master Association does not have (and never has had) any covenants. The covenants are within the subdivisions  owners associations.   To make an amendment each of the covenants require that you have a written instrument filed at the courthouse with a majority of homeowners signatures agreeing to it.  Thus, there will be an amendment filed for  each subdivision. Someone from each area will need to go around to each one subdivision and collect them. It CANNOT be done by a vote of the BTMA.


WHAT RESTRICTS SUBDIVISIONS FROM HAVING OUTBUILDINGS?
The covenant (found in the Certificate/Deed of Dedication for your subdivision) is what restricts your lot to "one structure per lot". The only way sheds can be allowed is by a change to the covenants (i.e. petition done by each subdivision for their own area.)  Burning Tree Master Association does not have the authority to amend  covenants.

TO CHANGE THE COVENANTS TO ALLOW SHEDS
Covenants can be changed by each subdivision getting a written instrument signed by a majority of the homeowners in that subdivision agreeing to it and and then filing it at the courthouse!  Most homeowners do not care whether sheds are allowed or not, as long as it is done correctly (legally). What homeowners do care about is how the Burning Tree Master Association board continues to overstep legal boundaries to get into our business!


WHAT CAN HAPPEN TO ANYONE WHO VIOLATES (OR ATTEMPTS TO VIOLATE) THE COVENANTS
The Burning Tree Master Association board is NOT an HOA. They cannot tamper with covenants and a vote taken by the Burning Tree Master Association board to attempt to do anything with a subdivisions covenants would be unlawful.  Burning Tree Master Association board of of directors attempt to change covenants  is a clear violation addressed in the covenants and anyone who attempts to or does violate them, can be prosecuted.

 

BURNING TREE MASTER ASSOCIATION BOARD OF DIRECTORS SHOULD REDIRECT THEIR EFFORTS TO SOMETHING THEY CAN LEGALLY DO
Since the board of directors  are so concerned about covenants then why are they not looking within their own subdivision to tackle those sheds, boats, RVs and unleashed dogs that are violating the covenants and Tulsa codes.  Call the Mayors Action line to report violations. 918 596-2100   (If the dogs are tearing around unleashed, please use the video on our iphone to capture the characters who are violating the law. It is great evidence and unleashed dogs can and should be reported by anyone who sees it happening.) 


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

Easement

EASEMENT-THE FOLLOWING IS VERY IMPORTANT (READ CAREFULLY)

EASEMENT THAT ALL LOT OWNERS HAVE TO USE THE FACILITIES

The Easement that Burning Tree One and Burning Tree South covenants  provides lot owners to use the BTMA facilities is just that--an easement.  (Those using the BTMA facilities should be charged if they use them! and BTMA's by-laws do state they can charge REASONABLE admission fees when lot owners use it. However, documents show that the BTMA has never had the right to assess all lot owners in order to subsidize those who use them.) 


ALL Lot owners in ALL subdivisions have always had an easement to use the BTMA pool as long as they follow the  rules and regulations 


SO WHAT ARE THE RULES AND REGULATIONS THAT ONE MUST FOLLOW TO TAKE ADVANTAGE OF THE EASEMENT THAT EVERY LOT OWNER HAS? According to the BTMA by-laws rules and regulations govern the use of the common area and facilities, and the personal conduct of the members and their guests therein, and penalties for the infraction thereof.  

They BTMA board has ignored their own by-laws which  allow them to  determine a reasonable admission  fees for the use of any common recreational facilities situated upon the common area;


The BTMA has caused an incredible hardship on numerous people by unlawfully forcing all lot owners to pay them money (under threats) so the BTMA pool is subsidized for those who care to use it. 


  1.  ARTICLE IV PROPERTY RIGHTS Each owner shall be entitled to the use and enjoyment of the  facilities and the owner may delegate his rights to members of his family, his tenants or contract purchasers who reside on the property.   (SO WHY HAVE ADULT KIDS AND GRANDKIDS WHO DO NOT LIVE WITH GRANDPARENTS BEEN GOING IN FOR FREE?? ) Each member shall notify the secretary of the corporation in writing of the name of anyone they gave away those rights to. Lot owners, who do not use the pool and those homeowners in Burning Tree South and Burning Tree One who have been unlawfully assessed have been subsidizing Associate members and babysitters.(The BTMA does not even charge babysitters who come in from outside!! Isn't that special?
  2. Guest passes can be as low as $3 for the entire day! Do the math how much is that per hour?   Read this post: Associate memberships and how you are subsidizing them.
  3. Minutes in 2009 show that Julie Lindquist (current Burning Tree Master Association board president) was on the board when a homeowner took Burning Tree Master Association to court. It was noted in the minutes that it was determined that the covenants run with the land and covenants can't be changed by anyone except the  homeowners in that particular subdivision. So Julie knows that covenants run with the land  and she should be aware that lot owners have an EASEMENT to use the facilities. An easement is a right, not an obligation to do something.
     

Removing Directors. Wait until after they get back on the board Monday.

Burning Tree Master Association Has Always Had a Problem with Certain Ones Who Are "Career Board Members"


Oklahoma Statutes allow that any director  or the entire board of directors can be removed, with or without cause, by the holders of a majority of all the members.  



Homeowners from other areas cannot keep a subdivision from voting in someone at this meeting, no matter how much everyone does NOT want them in.   Let them go ahead and get right back on because the good news is, according to the Oklahoma Statutes: H. 1. Any director or the entire board of directors may be removed, with or without cause, by the holders of a majority of the shares then entitled to vote at an election of directors.


AND

BY-LAWS OF THE BTMA  ARTICLE VI  BOARD OF DIRECTORS
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.


Demurrer

Demurrer  

Legal dictionary: DEMURRER An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plaintiff to prevail in the lawsuit. (Since when is the petition Burning Tree South filed in 2011 the same as a lawsuit???)
Julie actually filed this and she is NOT even in Burning Tree South!

Did Julie do this on her own or will the court find in the records (meeting minutes) the names of the directors who voted on it? (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.

Voting rights

Voting
  • BTMA Articles of Incorporation state that a director need not be a member of the corporation---
  • BTMA was to send out the agenda with annual meeting to know what was to be voted on (BTMA BYLAWS STATES MEETINGS OF MEMBERS 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.
  • Voting rights   
  • Who can vote? The BTMA Must allow all MEMBERS to vote. They MUST send out letters to all of owners....  duplex and apartment owners ARE lot owners.(Look at the covenants and check those lots against the Tulsa County Assessors site and you will see they are in Burning Tree. The duplexes and apartments were not removed by a vote of the people in the subdivision  because the covenants  could only be changed AFTER 1993, not in 1977 as some claim a vote was taken to exclude the apartments and duplexes!!! And it could not be done by a vote but by a written instrument, with signatures from a majority of lot owners and then filed at the Tulsa county. It was never done!   The BTMA  cannot exclude some lot owners just because they decide to! Read: Not assessing all when the covenants spell out whi...

NO AMENDMENT SHOULD BE VOTED ON UNLESS EVERY LOT OWNER HAS THE CHANCE TO STUDY IT
Although the annual meeting notice for 2012 said there would be a vote on amendments,there were no details given so homeowners really have no idea what they’revoting on or what they are handing off their proxy to be voted on.  The actual language of the amendment is critical.
  
WHY ARE THEY TRYING TO PASS ANYTHING WITHOUT LETTING THE APARTMENTS AND DUPLEXES HAVE A CHANCE TO VOTE? 


Even if the BTMA board hands out the actual language of the proposed amendments, lot owners need time to study them. If they just say we're going to vote on a amendment to do thus and so  a motion need to be made to "move that any action to amend the By-Laws of the BTMA be postponed to a future special meeting to consider the question, such meeting to be scheduled not less than ten (10) working days after the full legal text of each proposed amendment has been sent to each homeowner, to give themsufficient time to inform themselves and decide on their course of action.”

WHY DOESN'T BURNING TREE MASTER ASSOCIATION WANT TO TELL WHO IS SPENDING YOUR MONEY AND WHERE IT WAS SPENT



AUDITS-


 2008-09; 2009-10,  2010-11 now done but where is 2012?  (Fiscal year   2011-2012 ended in April 30, 2012)  

BE SURE TO ASK THE BOARD FOR THIS ON MONDAY SEPT 24, 2012

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BTMA by-laws state that there IS to be an annual audit*:
  • Article IX Treasurer (d) The treasurer shall  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  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) days after completion thereof. (When were the audits completed? Did anyone get their copy sent to them, as the BTMA bylaws require?)


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One of the first things the BTMA board will try to tell you is that there was an amendment to allow for reviews. Several homeowners are now in possession of what they think was an amendment to the by-laws. Any amendment to the by-laws MUST be properly voted on by the members; not by some on the board. They would have to have supporting documents showing that all members were in fact,  notified and allowed to vote.  

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THE BTMA BY-LAWS REQUIRE THE BOARD TO PRESENT A STATEMENT TO THE MEMBERS AT THE ANNUAL MEETING WITH A COMPLETE RECORD OF ITS ACTS AND CORPORATE AFFAIRS
ARTICLE VIII  AND DUTIES OF THE BOARD OF DIRECTORS 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.


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ARTICLE X BOOKS AND RECORDS AND RECORDS  1. The books, records and papers of the corporation shall at all times during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles and these bylaws shall be available for inspection by any member at the principal office of the corporation, where copies may be purchased at reasonable cost. 

WHO IS PAYING FOR THE LAWSUIT MESS THAT THE BTMA BOARD HAS GOTTEN US INTO BY REFUSING TO LET LOT OWNERS SEE THE RECORDS?  

 

Friday, September 21, 2012

WHYARE BTS BY-LAWS NOT ON BURNING TREE WEBSITE?


By-laws BurningTreeTulsa.com posted by-laws for BT One and for BTMA. They did not put Burning Tree #4 Owners Association Inc.

Why is that?

Do they finally realize that Burning Tree #4 Owners Association Inc (Burning Tree South Subdivision is NOT under their thumb?)


Thursday, September 20, 2012

You're Invited



Hi,

Many of us have wanted to see the legal documents for ourselves but the
words were too small to see.

I purchased documents from the City of Tulsa and the Oklahoma Secretary  of
State and had them blown up.
I paid  $90 to do this but I wanted everyone to see the truth; no more
having someone from the BTMA give wrong information and
we just accept it as fact because we can't see the documents.
Please come to my house at  *9023 E 68th St *on *Saturday Sept 22, 2012 at
4:00p.m.*. It won't take long.


TeShauna Conrad
918 504-8102

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I like to share when I find out good information.  I recently purchased my
home and learned that while most of us know about Homestead exemption some of
our homeowners may qualify for other exemptions that will further lower their taxes:
Additional Homestead, Senior Freeze, Circuit Breaker and Veterans


Wednesday, September 19, 2012

What Are We Votin On September 24?

Me and Em Jae been hearin and readin about the amendments the ole bored of direcktors wants us homeowners to vote on at the meeting September 24, down to the pool area. Well, where in tarnation are these amendments so we can figger our if it is a good or bad idear!

We heard nobody at the first annual meetin ever got to see a copy, an they didn't even put it in there newsletter theys all so proud of. Heard ole Jewels claimed they didn't have enough room to put it in there, but they sure can find room for all there other lyon stories, an stuff about peoples sheds in there back yards!

Good grief! Ain't none of them bored members got a lick of sense? Everbody knows that the BTMA has No  authority to tell us how or even if us folks enforce our very own covenants for our areas. Might be that they  are jealous, 'cause the BTMA don't have no covenants of there very own. For sure now, the don't.

Anyho.....I jest scratches my head and wunder if our career bored members really knows the difference between by-laws and covenants, and if they don't, we sure don't want them votin in secret on the phone or on there computin monitors!

Lands sakes! All them bored members needs to put on there "big peoples pants" and take care of all the business at there regular scheduled meetins,  and not be having no secret meetings on there phones or any other ways. Why can you jest imagine what they will be able to vote-in amongst thereselves with no other people to say whoa, wait a minute! Ain't nobody that busy nor important not to conduct business at there regular scheduled meetin. Likes I said before, ya'll get yourselfs  to the meetin September 24 down to the pool area!


Will

THAT Dog Walker

That dog walker who won't put them dogs on the lease, why I tell you what, I seen them dogs come flying out of that house first chance they got to escape looking like they was tryin out for the greyhound bus dog logo! Them dogs was streaking like they was scairt to death of sumptin, what with there eyes all bugged out of there head and land 'o lakes, the dog walker couldn't lease them for love nor money, for sure now.

How does he catch up with them to pick up their steaming hot "doodles" since we don't see no bag he carries? Does he just pick them up with his bear hands? An then what since he don't have no bag? Does he put them in his pocket?

Ya know, I ain't so sure as to what kinda games them game cameras that everone is buying down to the sportingoods store is supposed to catch, but Em Jae really wants one. She says it is to see if any varmints come near our property, and I told her that we have so many varmints all over to the area, and some are so big they could drive a pick up truck! An I made a bet with Em Jae that when some of them varmints sees that others are seeing them on the you-tube, I bet they will look like a deer caught in the head lice. Maybe we needs to bring our labtop to the next meetin and show some of the things that's being  caught by some of my buddies.

Harryette Ruth, Em Jae's sister's girl, she said they's called trial cameras. She is getting real educated at the JuCo and learning so much. Trial or game camera, we jest want to see for sure what he does with the doodles!



Wednesday, September 12, 2012

Will On The Annual Meetin

Folks, I sure wished me & Em Jae had been there the other nite down to the  Annual Meetin, for sure now. But ole Em Jae had the vapors (delicate way to say she had herself a bad attack of gas). Anyho....

Evn so, I got to enjoy the MP3 clip of the hollerin and goings on, an my other friend is borrying the video afore it goes on the you-tube. My friend told me not to be a scared when I does get to see it cause the way he put it.....ole Laney Cups 'o Coffee was breathin smoke and fire all over to the Lady Te Shauna sitting acrosst from her. Why by golley, ole Laney Cups 'o Coffees hasband was akting all like he didn't even know her at all what with him cowering back in the corner like he couldn't hear all the fuss she was a making. Em Jae would have me by the ear, I tell you what, if I did that akting like I had never seen her before but I guess when you are used to it, you jest tune it out!

My friend says not even one of the bored members ever got up to see what those two was discussing, no sir. Which makes me wonder why that Little-Big-Man done went an called the police, seeing as how no one from the bored ever went over the hole time Laney Cups 'o Coffee was breathin all that smoke and fire all over the Lady Te Shauna. Maybe he was jest afraid that those two were speaking there mind before the meetin started, and everbody knows people are not supposed to be able to say nothin that the bored don't agree with.

Everone figgered out jest real quick who was the Little-Big-Man up there akting like he was all real important, having a real big title now and Jewels letting him do all the esplaning since she has only been a career bored member for how many years now? And when  he went and called the police, everone is still snickering about him being clueless, all the whiles he is thinking he is knowing what is going on. Folks, you jest can't make this stuff up! I heard on that tape, and my friend is telling me this as he is a watching the video.

Remember you herd it first here from me an Em Jae, jest like we told you afore, how that big ole tree gonna fall down on some people's real soon.....Anyho....There is some speckulation that the harassment by Laney Cups 'o Coffee toward the Lady TeShauna at the meetin was a set up from the bored of directors, cause they are powerful afraid of one who is so smart and knows the facts and can prove each and ever one of them facts. Ya'll remember a whiles back when our other career bored president (who wasn't even president or even on the bored), calls a special kangaroo-court...um...meetin to throw the Lady TeShauna outta her spot as president?

Yessiree, she sure did now. That is when they had rehearsed and set-up ole Whirl Windy to be their leader. And ya'll know how well that year turned out. What with the bored hiring themselves a fancy highly powdered attorney who charged them thousands of dollars to give his thoughts on all the governing dockuments. He done went an got it all wrong, anyways, but he sure did get his money for his incorrect thinking after all, now. All them other attorneys that homeowners hired are still laughing 'bout that to this very day, for sure!

Gotta go, my friend is bringing the video over for me to watch.........


Will







Wednesday, September 5, 2012

This Is How Your Assessments Are Spent



SHOCKING, DISTURBING, AND APPALLING! A  "MUST READ" FOR EVERYONE. 

It is important that everyone sees what was posted by a Burning Tree Master Association lifeguard concerning  a neighbor lady who uses a wheelchair. 

Both of the following videos document her attempt to get to the pool. Click on the link for each and look at the comments made by bluesman619

See for yourself where bluesman619 posted:  "No one cares."


Youtube video #2
Comments:
  • RandyTheMaster1  posted: To be honest. I don't think handicaps even need to enter the pool area. Even if it were paved. It's too dangerous, people are crazy. I wouldent want to see her get splashed, trampled, etc. I've been with BTP for awhile.
  • bluesman619  posted: Being handicapped means you have to accept not being able to do things that non-handicapped people do. Seriously, no one cares. Go play wheelchair basketball. 

Can you believe the same BTMA lifeguard posted that?? 

Why in the world would a Burning Tree Master Association Pool lifeguard post  cruel things about handicapped people, who would like to enjoy the pool and have as much fun as he seems to be having? 

Who exactly is bluesman619 who is posting these type of things?

Below is the screenshot captured from : tube slide stunt part 2  video that bluesman619 uploaded 5 years ago. He says he was a lifeguard at the Burning Tree Master Association Pool when posting these.( However, he made those comments in 2012!)  It shows the whole world exactly who bluesman619  is.  If you do not see a picture click: here  and look closely within the first 3 seconds of the video and you will see who bluesman619 is:



bluesman.jpgbluesman619.jpg
68K   View   Download  
bluesman619 wrote: Just more stupid stuff me and a couple of friends do while its raining at the pool. 
(I don't know about you but I would prefer if he was being paid with my money that

he work instead of goofing off and making fun of people. I'd like to know what kind of people raised a kid
like this that says such ugly, cruel things about others.)






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How many years has he been a lifeguard? Do you see someone in the pictures posted  on the BTMA Facebook (below) that looks just like the screenshot of Bluesman619?

  1. Burning Tree Master Association Pool  
  2. Another picture 


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More videos that Bluesman619 posted that were taken at the BTMA pool. 

Wonder what the Burning Tree Master Association insurance company
is going to think about the liability issues on this???

Where was the pool manager when this nonsense was going on?



bluesman619 uploaded this video 5 years ago

Stupid Tube Slide Stunt

bluesman619 wrote: this is what the lifeguards do when it rains at the pool... we duct tape 6 rafts to Landon against his own will and pushed him down the water slide. 

(Again where was the pool manager and what does the insurance company for Burning Tree Master Association have to say about the liability issues? How well are the applicants for lifeguard and pool manager actually screened?)  




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Thumbnail

diving board raft stunt bluesman619 posted: more dumb stuff...



YouTube - Videos







Monday, September 3, 2012

Will and Em Jae



Me an Em Jae would like to shout out a big ole thank you to them bored of direcktors for a keepin us all safe from those wild fires during all that 100 + temperatures, with narry a rain cloud in site. What with that fancy water faucet we hear theys have to keep everthing sprinkled. Me an Em Jae really enjoyed our walks with our feet crunching on the dead leaves and grass, whiles we watched all the trees shrivel up and turn brown. Yessiree, makes us rite proud to know we live in such a well cared for neighborhood. ‘Cause ya’ll know that it would have taken jest one little spark from somethin elecktrical to start a fire, and the whole brown crunchy ground would have been burnt up jest like Em Jae’s pot roast!

And we watched an old dead tree drop its heavy branches rite where some peoples were a walkin on an evening, sure did. Me and Em Jae figgers that old tree gonna fall plum down on somebody real soon, and them peoples gonna own everthing that ole master association owns. Jest remembers you heard it first here from me and Em Jae.

Would somebody pleeze tell that one ‘who runs like her hair is on fire all over to the area’, to stop hackin them weeds outta the street? Or maybe at least to clean up her mess an not leave them piles of weeds that looks like some kind of dead critters?

An everone is getting their feathers in a ruffle ‘bout the ole annual meetin on Septembers 10th for sure now, they is. What with ole Laney cups ‘o coffeeys an her cohorts sneakin around so they can gather up all them proxy votes, so the ole bored members can vote in the same types of no good-do nothingers.

 The bored never listens to what the people wants, no sir. All they cares about is havin them all the power to hang over our heads and beat us with it. Like when they makes a fuss tellin children they cant play in the pool cause their parents hasn’t paid their dues; must make those pool managers feel rite powerful and important. Way me an Em Jae thinks is that the ole bored don’t care a hoot what the peoples think or want, cause we don’t matter, never have. All they cares about is how much power they can grab, and how to spend your hard earned money down to the pool. Next time you are a strolling around the neighborhood, take a reel close look at the rest of the property and ask yourself if it is as pretty as the pool areas.

Why the way me and Em Jae hears it, they gonna try to pull the wool over everones eye with promises to make our ways of life better here in the ole burny tree! Like tryin to get us all excited about gatherin all together for some kind of chili cook-off.  Jest  you wait til Em Jae enters her most famous chili for them to taste; now that will be somethin they will crow about!

Ya’ll have a good week an jest remember to turn off the tv and git your butts down to the pool for the meeting on September 10 at 7 in the evening. Nascar, football and baseballs will still be there when you git back home, but nothin will ever change if in you don’t git yourselfs to one of the most important meetings the ole bored ever has had.


Will