Wednesday, July 27, 2011
Summer Sizzle
Today while perusing what is left of the garden, was able to pick some 'fried green tomatoes'! Really should have planted some Big Boy tomato plants, because in this heat, the cherry tomatoes are the size of peas....Really. What is your summer sizzle story?
Sunday, July 24, 2011
A 'Poll' Of An Idea
For those in attendance at the Hardesty Library meeting Wednesday night, it was suggested to actually poll the homeowners to find out what they would like to transpire in the neighborhood. Well, here is your chance to sound off, so spread the word. Please email your thoughts on poll ideas to: truthandhonor1st@hotmail.com Please submit questions no later than August 1, 2011. Target date for upcoming polls, August 3, 2011.
UPDATE: We have a new e-mail address. Please be sure you use it.
At first thought using an e-mail address for this blog close to the one used by the last Burning Tree Blog seemed like a great idea.
Since we aren't the same as the last blog we shouldn't have tried to get an e-mail close to theirs. Instead, it has caused way too much confusion and we sincerely apologize for that.
All e-mail regarding this blog should be sent to our new e-mail address: truthandhonor1st@hotmail.com
Since we aren't the same as the last blog we shouldn't have tried to get an e-mail close to theirs. Instead, it has caused way too much confusion and we sincerely apologize for that.
All e-mail regarding this blog should be sent to our new e-mail address: truthandhonor1st@hotmail.com
Saturday, July 23, 2011
Burning Tree Master Association (BTMA) board members must feel like they have walked into a land mine
The mark of an intelligent person is one who listens to all sides, takes time to weigh everything and only after much serious consideration makes decisions based on what they know in their heart is best. A person of lesser intelligence will not want to listen to both sides to learn all they can in order to make a fair decision. Which are you?
Some of the Burning Tree Master Association (BTMA) board members must feel like they have walked into a land mine and don’t know where to turn. It is up utmost importance to listen to wise counsel (homeowners with the credentials to help) and take some time to study everything with an open mind.
Several homeowners have voiced that they feel it is a huge waste to continuing trying to go after the South. It is going to cause us to not have the money to keep our pool open. There are many who are already extremely upset with the board for what the homeowners consider an insidious waste of our money on attorneys. (Who will ever forget the last fiasco with the attorney charging us well over $11,000.00 to collect assessments. Burning Tree only realized $77 and the attorney took the rest. HOWEVER were you aware that we homeowners also had to fork over money for small claims, asset hearings and filing of the liens. Burning Tree Master Association board of directors really wasted a ton of money and went into the hole. (Paula Hendrix who was President. There are copies of her e-mails with the attorney showing all of this information.)
Over $11,000.00 of our assessments went to that attorney (yes, the attorney was a "contact" of one of the board members--There are meeting notes where she stated so!) when it could have gone a long way into repairing the bottom of our pool and other renovations! Poof!! The Burning Tree Master Association went in the hole on another ill-thought out idea.)
Over $11,000.00 of our assessments went to that attorney (yes, the attorney was a "contact" of one of the board members--There are meeting notes where she stated so!) when it could have gone a long way into repairing the bottom of our pool and other renovations! Poof!! The Burning Tree Master Association went in the hole on another ill-thought out idea.)
Money continuing to be wasted could lead to not having the money to take care of what we must for the grounds and pool. I don't imagine that any board member will want to be remembered as sitting on the board that takes the whole place down. We have more pressing things to spend our money on if we want to make sure our pool is able to open next year-- The pool bottom must be redone and there is a federal requirement that the Burning Tree Master Association board of directors must get the pool ADA compliant with the lift for the disabled, before the March 15, 2012 deadline....or we may not see the pool opened in 2012.
Let's stop wasting money trying to demand that Burning Tree South be part of the rest of us. This does not make for a peaceful neighborhood. We can all see very clearly that according to their Certificate of Dedication homeowners did everything right. Janie Lyon worked hard to get the Burning Tree Area #4 running again and the petition was then filed. Even the attorney the Burning Tree Master Association (BTMA) hired to find something to the contrary, did not say the Secretary of State was wrong in stating that Burning Tree Area #4 was not connected to Burning Tree Master Association (BTMA). It is very easy to go on line to see that each of the corporations are completely stand-alone* corporations and not under or part of the Burning Tree Master Association (BTMA).
*Each corporation set up for the different areas has its very own filing number with the state of Oklahoma. If all were under the Burning Tree Master Association (BTMA)there would be only that one corporation for the Burning Tree Master Association (BTMA)and the subdivisions would be on there and called sub-associations. Obviously, it is not so. Let's "ease on down the road" instead of acting like spoiled, whining brats.
Here are the corporations filed with the state of Oklahoma.
2100288651 BURNING TREE MASTER ASSOCIATION, INC. BT Master Assn)
2100309967 BURNING TREE AREA I ASSOCIATION, INC. (Part of BT One)
2100347247 BURNING TREE AREA #2 ASSOCIATION, INC. (Part of BT One)
2100328906 BURNING TREE AREA #4 ASSOCIATION, INC. (BT South)
2100348799
BURNING TREE AREA #5 ASSOCIATION, INC. (Part of BT East)Here are the corporations filed with the state of Oklahoma.
2100288651 BURNING TREE MASTER ASSOCIATION, INC. BT Master Assn)
2100309967 BURNING TREE AREA I ASSOCIATION, INC. (Part of BT One)
2100347247 BURNING TREE AREA #2 ASSOCIATION, INC. (Part of BT One)
2100328906 BURNING TREE AREA #4 ASSOCIATION, INC. (BT South)
2100347190 BURNING TREE AREA #7 ASSOCIATION, INC. (West and Plaza)
Burning Tree Master Association ARTICLES OF INCORPORATION .
Burning Tree Master Association has a pool but according to our Covenants, the Secretary of State of Oklahoma and Burning Tree Master Association Articles of Incorporation we are not tied to the Burning Tree Master Association in any way. So we homeowners do not owe dues to Burning Tree Master Association no matter how much the Burning Tree Master Association board of directors wishes it were so.
Burning Tree Master Association board of directors must make sure the pool gets to open in 2012!
Tulsa, Oklahoma
Did the Burning Tree Master Association (BTMA) board of directors ensure that our pool is compliant with the ADA 2010 Regulations or will we be able to open it this year? The one year grace period the BTMA allowed is over on March 15, 2012. The Justice Department has assured us that there is no grandfathering (even if the BTMA pool was built prior to the implementation of the ADA)
No HOA is exempt.
An attorney we talked to said the fine will go to the board members personally, should they refuse to comply with the mandate.
Watch the video for yourself:
Unfortunately, some of the confusion regarding grandfathering came when one person misinterpreted the law which states:
Existing facilities in compliance with the 1991 Standards are grandfathered and do not need to meet the 2010 Standards unless they are renovated or subject to new construction. However, certain specific elements, for which there were no applicable 1991 Standards—such as swimming pools, wading pools and play areas—must comply with the 2010 Standards by March 15, 2012.
What is the standard and what facilities are affected? We have been told that Title III of the ADA requires that each "public accommodation remove barriers. No property will be "grandfathered" . There is no "safe harbor" in existing facilities for elements which there are neither technical nor scoping specifications in the prior 1991 Standards). The following must be modified to comply with the 2010 Standards:
The best way to avoid litigation from advocacy groups or the Department of Justice, is to bring Burning Tree Master Association facilities into compliance.
By now Burning Tree Master Association board of directors should have long ago completed the property wide ADA compliance program. We were told, "If you are not already well into bringing your property into compliance, then your HOA is going to have some serious compliance challenges."
A proactive approach to compliance can help Burning Tree Master Association avoid or minimize liability and expensive governmental and private enforcement. Compliance is the law and as importantly, it is good business.
Compliance requires expertise.
Under the ADA, all businesses, including HOAs have an on-going obligation to evaluate their properties to bring them into ADA compliance. ADA compliance audits are needed to develop compliance strategies.
Burning Tree Master Association board of directors must make sure that all facilities,plus websites and Telecommunication Relay Service capabilities (if applicable) would pass Department of Justice or federal court scrutiny. (Yes, you may have a handicapped person who wishes to use the internet to pay using Paypal.) A list of items besides the chair lifts that must be in compliance which include the dressing rooms, toilets, stalls, hand rails, slopes, etc. can be found at: www.ada.gov Title II
In June of 2011 the Justice Department advised that Burning Tree Master Association should have developed strategies to prioritize compliance to meet the deadline, after first conducting baseline ADA accessibility compliance audits of the facilities.
****************************************************************
Failure to meet ADA standards can result in fines and lawsuits.(And the board should not even try to charge special assessments to pay the resulting fines that there WILL be if everything is not in compliance.)
Did the Burning Tree Master Association (BTMA) board of directors ensure that our pool is compliant with the ADA 2010 Regulations or will we be able to open it this year? The one year grace period the BTMA allowed is over on March 15, 2012. The Justice Department has assured us that there is no grandfathering (even if the BTMA pool was built prior to the implementation of the ADA)
No HOA is exempt.
An attorney we talked to said the fine will go to the board members personally, should they refuse to comply with the mandate.
Watch the video for yourself:
Unfortunately, some of the confusion regarding grandfathering came when one person misinterpreted the law which states:
Existing facilities in compliance with the 1991 Standards are grandfathered and do not need to meet the 2010 Standards unless they are renovated or subject to new construction. However, certain specific elements, for which there were no applicable 1991 Standards—such as swimming pools, wading pools and play areas—must comply with the 2010 Standards by March 15, 2012.
Effective March 15, 2012 the one year grace period is over. The Department of Justice revised final regulations implementing the Americans with
Disabilities Act (ADA) requires that swimming pools and wading pools must be brought into compliance with the 2010 ADA Standards
Compliance with the 2010 Standards become mandatory as of March 15, 2011 with a one year grace period given until March 15, 2012.
The Burning Tree Master Association board of directors is aware of this. It is important that BTMA be in compliance by March 15, 2012, so that we can open our pool in May 2012. (Fines are $55,000 for the first violation and $110,000.00 for the second. If we get one fine due to their failure to act we will have to shut down.)
The Burning Tree Master Association board of directors is aware of this. It is important that BTMA be in compliance by March 15, 2012, so that we can open our pool in May 2012. (Fines are $55,000 for the first violation and $110,000.00 for the second. If we get one fine due to their failure to act we will have to shut down.)
ADA Alert for all HOAs
What is the standard and what facilities are affected? We have been told that Title III of the ADA requires that each "public accommodation remove barriers. No property will be "grandfathered" . There is no "safe harbor" in existing facilities for elements which there are neither technical nor scoping specifications in the prior 1991 Standards). The following must be modified to comply with the 2010 Standards:
- Play areas.
- Swimming pools
- Wading pools
The best way to avoid litigation from advocacy groups or the Department of Justice, is to bring Burning Tree Master Association facilities into compliance.
By now Burning Tree Master Association board of directors should have long ago completed the property wide ADA compliance program. We were told, "If you are not already well into bringing your property into compliance, then your HOA is going to have some serious compliance challenges."
A proactive approach to compliance can help Burning Tree Master Association avoid or minimize liability and expensive governmental and private enforcement. Compliance is the law and as importantly, it is good business.
Compliance requires expertise.
Under the ADA, all businesses, including HOAs have an on-going obligation to evaluate their properties to bring them into ADA compliance. ADA compliance audits are needed to develop compliance strategies.
Burning Tree Master Association board of directors must make sure that all facilities,plus websites and Telecommunication Relay Service capabilities (if applicable) would pass Department of Justice or federal court scrutiny. (Yes, you may have a handicapped person who wishes to use the internet to pay using Paypal.) A list of items besides the chair lifts that must be in compliance which include the dressing rooms, toilets, stalls, hand rails, slopes, etc. can be found at: www.ada.gov Title II
In June of 2011 the Justice Department advised that Burning Tree Master Association should have developed strategies to prioritize compliance to meet the deadline, after first conducting baseline ADA accessibility compliance audits of the facilities.
****************************************************************
Failure to meet ADA standards can result in fines and lawsuits.(And the board should not even try to charge special assessments to pay the resulting fines that there WILL be if everything is not in compliance.)
Friday, July 22, 2011
As The Tree Spins.....(Burning Tree Master Association (BTMA) hired attorney speaks)
We waited for days with bated breath after receiving a notice on our front doors telling us to meet at the library to hear what the attorney had concluded, regarding the subdivisions and if they were under the "umbrella" of the master association. All this observer can say, is that it was good entertainment, just a shame there was no popcorn or candy.
Upon entering the building, we were shown where to gather by some of the board members, trying to be ever so serious and businesslike. And like all meetings called by the btma to discuss important issues with the residents, just one hour was allocated.....
And the Burning Tree Master Association (BTMA)wonders why the entire neighborhood did not turn out for such an important meeting.
Now to the meat of the matter: The issue of how all the subdivisions are structured and whether they fall under the purview of the master association was never discussed.
What was discussed, was the petition that the South subdivision had filed with the county of Tulsa, aligning their Covenants with their Articles of Incorporation.
The attorney's explanation was read by the president of the btma in a businesslike manner. Lots of 'legal-ease', big words, and yes, with seriousness, that the rest of the subdivisions should not try the same. Repeat, nothing was stated about the subdivisions being under the 'umbrella' of the btma. Each subdivision is a stand alone corporation, and there is no paperwork filed anywhere to state that we are under the Burning Tree Master Association (BTMA). (Check the Articles of Incorporation for your area to see for yourself!) It may have been the intent at the beginning to do so, but nothing filed with the proper agencies.
Fireworks ensued with much shouting and some jeering from the audience.
As a homeowner, I was impressed with many of the suggestions from others; especially liked the idea of the btma taking a poll asking homeowners their opinion on assessments, maintenance, grievances, and such. The pulse of the community, so to speak. (Are they going to be responsive to the request and do that???)
Please do not hold your breath on that one...........to be continued.........please check back daily for the next chapter of "As the tree spins"............
Upon entering the building, we were shown where to gather by some of the board members, trying to be ever so serious and businesslike. And like all meetings called by the btma to discuss important issues with the residents, just one hour was allocated.....
Control the message, leave just enough time for a few questions and answers.
And the Burning Tree Master Association (BTMA)wonders why the entire neighborhood did not turn out for such an important meeting.
Now to the meat of the matter: The issue of how all the subdivisions are structured and whether they fall under the purview of the master association was never discussed.
What was discussed, was the petition that the South subdivision had filed with the county of Tulsa, aligning their Covenants with their Articles of Incorporation.
The attorney's explanation was read by the president of the btma in a businesslike manner. Lots of 'legal-ease', big words, and yes, with seriousness, that the rest of the subdivisions should not try the same. Repeat, nothing was stated about the subdivisions being under the 'umbrella' of the btma. Each subdivision is a stand alone corporation, and there is no paperwork filed anywhere to state that we are under the Burning Tree Master Association (BTMA). (Check the Articles of Incorporation for your area to see for yourself!) It may have been the intent at the beginning to do so, but nothing filed with the proper agencies.
Fireworks ensued with much shouting and some jeering from the audience.
As a homeowner, I was impressed with many of the suggestions from others; especially liked the idea of the btma taking a poll asking homeowners their opinion on assessments, maintenance, grievances, and such. The pulse of the community, so to speak. (Are they going to be responsive to the request and do that???)
Please do not hold your breath on that one...........to be continued.........please check back daily for the next chapter of "As the tree spins"............
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