Memo for the Burning Tree Master Association Board of Directors

Would the board of directors please see that the new trees, and crepe myrtles get some desperately needed water? As in very soon?

Maybe the person who is obsessed with the mowing of city property off of Memorial could use that energy to water the trees; and our phones could stop ringing from everyone asking why they are neglected so. Just a wee bit embarrassing when people who do not live in Burning Tree inquire.

Our green areas look so lovely when mowed, and as your eyes sweep over the area....blam....wilting rose bushes adorn freshly mowed lawn along with trees with droopy leaves. Hopefully, the rose bush and crepe myrtles on the corner as you exit the area will survive.

We really expect this to fall on the deaf ears of the board, because all of their energy is focused on the pool this time of year. Brings to mind mules with blinders on, just plodding along taking care of what they have always done with absolutely no vision outside of their blinders.

 Just a friendly reminder that the people of Burning Tree planted these trees in loving memory of someone special. Why is it that not a priority?

Burning Tree Master Association Ignores Department of Justice Mandate!!

The 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design set minimum requirements for facilities to be readily accessible to and usable by individuals with disabilities. The one year grace period, for mandatory compliance, was up March 15, 2012.

Were you aware that the Burning Tree Master Association board of directors in  Tulsa, Oklahoma has chosen to ignore the Department of Justice mandate regarding ADA compliance for Homeowners Associations?  

The Burning Tree Master Association president stated in Aug 2011 that she was aware of the ADA guidelines. 

UPDATE: On March 15, 2012, Attorney General Eric Holder signed a final rule extending the date for compliance with sections 242* and 1009** of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design as it relates to the provision of accessible entry and exit into existing swimming pools, wading pools, and spas until May 21, 2012. (Accessible entry and exit consists of pool lifts, sloped entries, transfer walls, transfer systems, and pool stairs.)

*    242 Swimming Pools, Wading Pools, and Spas
** 1009 Swimming Pools, Wading Pools, and Spas 

    

ADA Compliance – Burning Tree Master Association Facilities – Tulsa, OK

Click on link or on picture to WATCH THE VIDEO ON YOUTUBE!

IMPORTANT: The DOJ confirmed that the 60 day extension was only in regards to sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design as it relates to the provision of accessible entry and exit to get into and out of the  swimming pool and wading pool. The DOJ advised that this extension has nothing to do with access to the facility to get to the pool. That and all other requirements to become ADA compliant were required to be completed by the March 15, 2012 grace period.  NO EXCEPTIONS!

  

Be sure to look at these:

• Areas the Department of Justice has mandated be in compliance by March 15, 2012.  NO EXCEPTIONS (These did not get the 60 day extension.)
• Also required by Federal law to be done by May 28, 2012

ADA Title VIII federal anti-discrimination laws not only protects those who have suffered discrimination, it also protects those who alert the DOJ to acts of discrimination. The  DOJ does not tolerate any type of retaliation against those who report claims of unlawful discrimination or for assisting in the investigation of such a charge.

READ:

• The truth as to why the Vice President of the Burning Tree Master Association resigned
• http://www.hoatalk.com Scroll down to PamelaB who talks about Oklahoma.

  

Resignation Letter From Vice President of Burning Tree Master Association

Dear Burning Tree Residents,

On March 26, 2012 I resigned from the Burning Tree Master Association (BTMA) board of directors where I had held the office of Vice President. This was the third term I had served.  I felt compelled to resign as I could no longer be part of a board that chose to “color” the facts the way they wanted them to be instead of the way they legally are. In my mind that is deceitful. Yes, I did point out this fact, but it fell on deaf ears.
BURNING TREE MASTER ASSOCIATION ARTICLES OF INCORPORATION STATE  WHO ARE  MEMBERS

Burning Tree Master Association Articles of Incorporation Article V Membership states that Every Burning Tree Area Owners Association approved by the Declarant shall be a member of this corporation. (It does not say that homeowners are the members; it states that it is the Area Owners Association that are approved by the Declarant.)  Each subdivision has their own incorporated owners association, except for one small area in Burning Tree East that never was set up.)

WHERE DOES ONE FIND WHICH AREA OWNERS ASSOCIATIONS WERE APPROVED BY THE DECLARANT?

It is within the Certificate/Deed of Dedication filed with Tulsa County, 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. Covenants for Burning Tree East, Burning Tree Plaza, and Burning Tree West (where I live) do give the Master Association the authority to assess, however according to these covenants, only the Burning Tree Plaza HOA is shown (declared) in their covenants to be a member of the BTMA.
According to the Secretary of State of Oklahoma there are no “sub-associations” anyway, for Burning Tree Master Association. Each area owners association is a stand-alone corporation and in no way tied to the Burning Tree Master Association.
See for yourself that each is a separate corporation as each was filed with a different number:

1. Burning Tree Area #2 Owners Association, Inc (Duplexes and Apartments) 2100347247
2. Burning Tree Area #4 Owners Association, Inc (South) 2100328906
3. Burning Tree Area #5 Owners Association, Inc (East) 2100348799
4. Burning Tree Area #7 Owners Association, Inc (Plaza and West) 2100347190
5. Burning Tree Area #1 Owners Association, Inc  2100309967 (This is the Burning Tree subdivision referred to incorrectly by some as “Burning Tree One” when it is legally and simply “Burning Tree” subdivision.
   
6. Burning Tree Master Association 2100288651
7. Burning Tree Area #6 Owners Association, which, according to the Burning Tree East covenants  was to be  formed, never was, although Burning Tree Master Association board of directors has assessed and  liened lot owners in that area. Burning Tree Master Association board of directors have also chosen to never assess or lien anyone in Burning Tree Area #2 Owners Association Inc.

Title 60. Property Chapter 17 – Real Estate Development   § 852. Owners Association C. The owners association*   shall have the power to enforce any obligation in connection with membership in the owners association*   by means of a levy or assessment which may become a lien upon the separately or commonly owned lots, parcels or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale. In an action brought to enforce any lien authorized pursuant to the provisions of this section, the prevailing party shall be entitled to recover reasonable attorney’s fees to be fixed by the court, which shall be taxed as costs in the action. No lien may be placed or mortgage foreclosed unless the homeowner was informed in writing upon joining the owners association of the existence and content of the owners association * restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association.    (*THE BTMA IS NOT AN OWNERS ASSOCIATION! The owners associations are the corporations set up by the subdivisions- Burning Tree Area #1 Owners Association, Burning Tree Area #5 Owners Association, Burning Tree Area #4 Owners Association, Burning Tree Area #2 Owners Association, Burning Tree Area #7 Owners Association)
 

The Articles of Incorporation trump By-laws (in other words By-laws CANNOT conflict with the Articles of Incorporation) and what is in the covenants is what lot owners (and/or homeowners) accepted when purchasing the property. Those covenants trump all Articles of Incorporation.

The covenants for Burning Tree South and Burning Tree subdivision –the subdivision that is incorrectly referred to as “Burning Tree One”– state specifically what must be done in order to amend covenants.

Tulsa County does not show that a written instrument signed by a majority of homeowners to amend covenants was ever filed for the subdivision with the legal name of Burning Tree (the area some people refer incorrectly to as “Burning Tree One” in order to exclude any lot owners from using the easement. Covenants for Burning Tree subdivision could only be amended after Feb, 1993 ONLY by written instrument, not by a “vote” taken in 1977, as some board members claim was done.

Thus, the duplexes and apartments in the Burning Tree subdivision have always had an easement to use the pool and other facilities, yet certain lot owners have been kept out, as the BTMA has decided to not assess them as the simple way to keep them enjoying their easement.

Both Burning Tree South covenants and  covenants for THE Burning Tree subdivision  state that the lot owners have an easement to use the facilities in their own subdivision and of the Burning Tree Master Association, if they follow the rules and regulations. (An easement is a right, not an obligation!)

The rules and regulations of the Burning Tree Master Association are shown in the Burning Tree Master Association  by-laws which state: ARTICLE VIII  POWERS AND DUTIES OF THE BOARD OF DIRECTORS 1.  The board of directors shall have power to: 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.

Neither Burning Tree South subdivision or Burning Tree subdivisions covenants were ever amended to include the Burning Tree Master Association This can be confirmed by reading the covenants for each subdivision.  H (c) (d) (e) for Burning Tree South and in the covenants for THE Burning Tree subdivision: H (a) (b) (c)   Thus, Burning Tree Master Association board of directors have no right to assess lot owners who happen to live in the areas of Burning Tree South and Burning Tree subdivisions. The covenants all state that while lot owners have an easement to use the facilities the BTMA by-laws state that BTMA has the right to charge a reasonable admission to those who use the facilities

(*Click to read what the covenants for Burning Tree subdivision and Burning Tree subdivision –the subdivision that is incorrectly referred to as “Burning Tree One”– state must be done in order to amend covenants.

While it is important to remember that the Articles of Incorporation trump By-laws (in other words By-laws  CANNOT conflict with the Articles of Incorporation) it is more important to understand that what is in the covenants is what lot owners (and/or homeowners) accepted when purchasing the property and that covenants trump all Articles of Incorporation.

There has never been a merger of Burning Tree Master Association with any of the corporations formed for the area owners associations, according to  long time resident Janie Lyon  who   posted that  there was no merger and so did former BTMA President Wendy Berezowski, who has been President of the Burning Tree Master Association more than once.  Oklahoma General Corporation Act    § 1081. Merger or Consolidation of Domestic Corporations has specific requirements to merger or consolidate corporations. Nothing has been found that ties the Burning Tree subdivision or Burning Tree South subdivision to Burning Tree Master Association.

Yet, for some reason the Burning Tree Master Association board of directors refuse to acknowledge this, and actually sent out an assessment letter demanding payment of assessments, under threat of lien, like it was mandatory to homeowners living in the Burning Tree South subdivision and the homeowners living in Burning Tree subdivision. They did not assess the other lot owners in the Burning Tree subdivision.

By following the covenants of the Burning Tree subdivision  the BTMA board of directors would be forced to allow in those in the apartments and duplexes who (according to the covenants)  have the  right of easement to use the facilities by paying the admission fee that the BTMA by-laws allow to be charged. The way it is being done, they are picking and choosing whom they decide will be members. (Exclude some lot owners from using the easement while forcing others to pay, under threats of liens, even though the subdivisions covenants do not show they are members of the Burning Tree Master Association.)

The President of Kingsridge Estates subdivision sent Burning Tree Master Association an e-mail questioning why Burning Tree Master Association was mowing their property last year.  (Yes, paid for with money demanded from homeowners whose HOAs were not even part of the Burning Tree Master Association!)

Prior to my resignation and in early 2012 we, the BTMA board members were provided with papers that stated there had never been a proper vote of the members to amend the BTMA bylaws to allow for a simple CPA  review instead of the required CPA audit. What we were given showed the board of directors, not the members took a vote in 11/2/1982. While it was never approved by members Wendy Berezowski who was President of the BTMA in 2010-2011 shows she attested to it although she did not even live here in 1982.

The 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.

A change to bylaws must be done by a vote of the members so where are the supporting documents such as the minutes when the board decided to recommend this amendment be voted on by the members? Where is a copy of the letter sent to members 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?
Since this amendment was never correctly done, a CPA audit, as stated in the BTMA by-laws is still required.

consider the pool area their own personal“vacation spot” have for the other residents. They expect those, who neither have the ability or desire to use the pool, to subsidize their pleasure.

Every decision the Burning Tree Master Association board members make revolves around their personal playground, the pool, and their fun. A farmers market was once suggested for  here in Burning Tree for the benefit of residents but no, that would interfere with parking for those who use the pool.

The aging pool and two tennis courts (one is in a sad state of disrepair), plus a run down basketball court  are the only recreational facilities the neighborhood has to offer. Newer housing developments have opted for splash pads, putting greens, walking trails and even community garden plots. As time passed, did the board continue to improve these facilities? Oh, absolutely! They bought a $14,000+ pool slide using your assessment, for the few who go to the pool and their guests! But they claim they do not have the money to make it handicapped accessible so everyone could enjoy it.


No clubhouse for residents to enjoy year round and once the pool season is over, you can forget about having a picnic at the pavilion on a cool autumn day. It is locked up tight as a drum, and you must get permission from the Burning Tree Master Association for any reason to be on those grounds.

And now that Area #4 is in revolt  followed very soon by other areas,  the Burning Tree Master Association board of directors is in full panic mode spending money, yes, your money, on attorneys to spin an untenable and impossible situation. Rather than treat the pool as a business and use good business sense,  Burning Tree Master Association board of directors squandered over the years thousands of dollars. Did they not realize that there would be a time that someone would be able to get access to and read the legal documents and say “enough!”?

When it came time to discuss the American Disabilities Act (ADA) to make the pool facility handicap assessable, the board of directors totally ignored Wanda Downen and me, and many others,  when we tried to tell them that the mandate includes access to the pool grounds and facility, as well as the pool lift. We pointed out that a handicapped person could not even get to the pool, let alone use a lift.
The ADA Mandate must be complied with by March 15, 2012, except the lift requirement which was given a sixty day extension. As usual we were ignored. And guess what, Burning Tree Master Association board of directors did nothing that is required by the American Disabilities Act. Now, several complaints have been sent to the Department of Justice along with pictures, video, and Burning Tree Master Association’s financial report showing they have the funds to do many of the alterations to allow people to get to the facility.

Demanding payment, like it is mandatory, is in my opinion deceitful and shows an extreme lack of integrity. I could no longer serve on a board that willingly chose to deceive the residents of the Burning Tree area.

In His Love,
Claudia Nelson

UPDATE: Burning Tree South and Burning Tree ("One") covenants state that the covenants could not be amended until Feb 1993 and when they are amended it can only be by written instrument signed by a majority of homeowners. (In other words claiming a vote was taken in 1977 and unanimously agreeing to exclude lot owners doesn't get it! That is not what the covenants state must be done!)

 Tulsa County has advised that there was never an amendment made by the Burning Tree South lot owners to change the covenants to add that Burning Tree South lot owners are required to pay anything to the Burning Tree Master Association. Burning Tree South lot owners simply have an easement to use the BTMA facilities but if they use it they must pay to do so. Ditto Burning Tree ("One").


Please be sure to read these:

1. Questions Burning Tree Master Association will not answer
2. Important letter-from-the-president-of-burning-tree-4-homeowners-association
3. See why you need to get out your covenants and read them for yourself!