Please Read!!

Look what we found on the blogs last night!  The information is so important to all residents of Burning Tree, that we asked permission to add this post to our blog.


All of the areas can file an amendment  to their covenants just like South did! Yes, the grass will still get mowed, and the pool will still open; the BTMA must be held accountable as to what the governing documents state. The bottom line is that Mr. Henshaw never amended the BTMA Articles of Incorporation to include each area under the authority of the Master Association!!!  







ATTENTION BURNING TREE SOUTH RESIDENTS, HERE THE BTMA GOES AGAIN...


If you were one of the homeowners who received a letter from  Burning Tree Master Association today demanding money be handed over to them by August 1, 2012 or a lien would be placed on your property, there are some things you need to keep in mind as you decide if you are going to meet this demand. As usual, the Burning Tree Master Association board of directors believes that intimidation and threat of a lien on your property will scare some homeowners into writing them a check.

The residents of Burning Tree South filed a petition with Tulsa County, on June 13, 2011 based on the legal right given to homeowners in the Certificate of Dedication, filed Aug 26, 1976 with Tulsa County to  make changes to the Covenants. Thus, you do not owe dues to the BTMA because you are not a member of the Burning Tree Master Association.

The attorney representing the insurance company advised the Burning Tree Master Association that the BTMA does not have the authority to challenge Burning Tree South's petition.  However, homeowners Mark and Mary Ann Basore filed paperwork with the Tulsa County Clerks Office.

Burning Tree South homeowners belong to Burning Tree Area #4 Homeowners Association, Inc. which has no dues because our Covenants have always stated that the money could only be used for upkeep, repair and maintenance of common areas and facilities within Burning Tree South. There are no facilities or land owned by our HOA  and have never been since before the first home was built here.  Further, according to their own Burning Tree Master Association Articles of Inc it is not the homeowner who is a member anyway.

The Burning Tree South petition IS VALID, IS ON FILE WITH TULSA COUNTY AND IS IN EFFECT TODAY.  Ask yourself, as long as our petition is legal why would the BTMA put a lien on your property.


The BTMA board may not realize it as they have violated state law in the past but one cannot just put a lien on someone’s property without due process in a court of law. The only legal way to put a lien on property is to first get a statement of judgment against the homeowner. There are numerous steps that must be followed in order to get a statement of judgement to avoid for board members to avoid a slander of title suit filed against themselves.


 O.S. §, 12 706 Creation of Lien. A judgment shall be a lien on the real estate of the judgment debtor within a county only from and after a Statement of Judgment has been filed in the office of the county clerk in that county. There is a legal way to obtain a statement of judgement (if one does live in an are where they do, in fact owe it, but the Burning Tree Master Association board of directors have skipped the steps that allow members “due process”. Burning Tree Master Association board members have been simply slapping liens on resident’s property, creating a cloud on the title and according to attorneys hired by several homeowners in Burning Tree South, set the stage for Slander of Title lawsuits against the Burning Tree Master Association and the board members, personally!!

Further, their unsigned and undated letter (and on printer paper, no less!) received today states that "Because the Burning Tree Master Association by-laws obligate the board to file liens on homes for unpaid assessments..."

While Burning Tree South is not part of the BTMA (thanks to the petition that was signed by a majority of homeowners and then filed with the county) the apartments and duplexes in the areas of Burning Tree West,  Burning Tree East and Burning Tree One truly are a part of Burning Tree Master Association. Based on their very own by-laws the Burning Tree Master Association board is required to assess the apartments and duplexes,  which they have failed to do . And don't let them tell you that they had an amendment and removed the apartments and duplexes. That is yet another thing where they are very confused and trying to make you so.

HERE IS WHY: An amendment could not be made to the BTMA by-laws to remove the apartments and duplexes because it is in Certificate of Dedication that lists which lots are part of Burning Tree West, Burning Tree East and Burning Tree One. In order to exclude the apartments and duplexes Burning Tree West, Burning Tree East and Burning Tree One would each have get a majority of the homeowners to sign to remove the apartments and duplexes in their area and then file it with the county clerk. (Read the Certificate of Dedication for your area and you will see it for yourself!)  Tulsa County assures us that there have been no documents filed for any of those areas to remove any lots that are listed in the Certificate of Dedication!   The BTMA says that their by-laws require them to put liens on. However are they forgetting that this means that the board members must assess all the duplexes and the apartments in Burning Tree One, Burning Tree West and Burning Tree East that are listed in the Certificate of Dedication for that area, in order to be able to put liens on the lots. Why not put their focus there instead of pretending they aren't aware that  the homeowners in Burning Tree South have had a petition on file with Tulsa County for over a year.



Re-blogged courtesy:  alongthebeatenroad.wordpress.com