That is exactly what the Burning Tree Master Association is shouting; they are all powerful and great wizards! And just like the movie where upon further investigation, the great and powerful wizard was found to have no magical powers. Neither does the Burning Tree Master Association!
The letter you received in the mail explaining the relationship between the Owners' association and the Burning Tree Master Association was written by a board member! To say the information in that letter is correct is laughable at best. Just the usual razzle-dazzle, "rootin' tootin" from the board, hoping those with no knowledge of the facts would blindly send in their assessments.
A FEW FACTS TO GET YOU UP TO SPEED:
What is an "Area Owners Association"? There are within the 5 subdivisions several area owners associations that were incorporated. All are individual corporations with their own filing number; they are NOT sub-associations under the Burning Tree Master Association. (You are welcome to call the Secretary of State to confirm this.)
- Burning Tree Area Owners Association#1, Burning Tree Area Owners Association#2 -Burning Tree One Subdivision
- Burning Tree Area Owners Association#4-Burning Tree South Subdivision
- Burning Tree Area Owners Association#5, Burning Tree Area Owners Association#6-Burning Tree East Subdivision The covenants refer to homes and duplexes in Burning Tree #6 but nobody ever set up that corporation.
- Burning Tree Area Owners Association#7- Burning Tree Plaza Subdivision and Burning Tree West
The Declarant (Sixty First and Memorial Development Corporation, a now inactive corporation, on OTC suspension) failed to ever declare the "Area Owners Associations" as members of the Burning Tree Master Association as the Burning Tree Master Association Articles of Incorporation required must first be done!! If it had been done correctly, the officers of that corporation would have needed to legally amend the Burning Tree Master Association Articles of Incorporation and file it with the Secretary of State to reflect this declaration.
According to the Oklahoma Secretary of State the Burning Tree Master Association board of directors Articles of Incorporation have never been amended. Thus there was a Failure to legally declare Area Owners Associations as members.
Each Burning
Tree Area Association is a separate non-profit corporation registered with the
State of Oklahoma. The Secretary of State’s office has stated that the Burning
Tree corporations are not tied together, that each is a stand-alone
corporation, due to the way the paperwork was filed.
One
corporation has no jurisdiction to tell another corporation what to do or how
to do it or that we must pay them....unless there are documents linking the two together. In our case no
such documents exist. The Burning Tree Master Association is trying desperately to make us believe this is
true, however; more than twenty attorneys have read the documents governing the Burning Tree Master Association and of the Burning Tree Area Associations, and have reached the same
conclusion, no legal ties exist between the Burning Tree Master Association and Burning Tree Area Owners' Associations.
Two different law firms have had
attorneys send letters to the Burning Tree Master Association board of directors requesting that the Burning Tree Master Association
board of directors produce any documents granting the Burning Tree Master Association authority to assess or lien homeowners.
To date, the Burning Tree Master Association board of directors has failed to produced these documents. Should the Burning Tree Master Association board of directors place liens
without the authority to do so, the homeowner can file a slander of title suit
against the Burning Tree Master Association and the board of directors demanding treble damages, court
costs and attorney fees.
UPDATE: As other subdivisions began working on getting their petition signed several homeowners who purchased their homes prior to June 2011 (when Burning Tree Area 4 filed their document with Tulsa County) had their attorneys review documents homeowners were given at closing. Interestingly both the mortgage company and title company's legal department did not see any tie in whatsoever with Burning Tree Master Association or where homeowners owe Burning Tree Master Association for any dues. Maybe Burning Tree Area #4 never even needed to waste their time and money filing that document. And it is more proof that Burning Tree Master Association never had the right to assess homeowners, place liens or even threaten to do so.
A great read:
http://homeownersassociations.wordpress.com
Private meetings?
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