Please publish this one first. We sent the Covenants first and didn't realize our team would have the by-laws ready so quickly.
Bylaws for Burning Tree East
Note: These are very confusing as whomever tried to set them up was mixing subdivision and master association by-laws together.
BYLAWS OF BURNING TREE EAST ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION
The name of the corporation is BURNING TREE EAST ASSOCIATION, INC.,
(AREA 5) referred to in these bylaws as the Association. The principal
office of the corporation shall be located at ________________, Tulsa,
Oklahoma. The meetings of the members and board of directors shall be
held at such places within the State of Oklahoma, County of Tulsa, as
may be designated by the board of directors.
ARTICLE II
DEFINITIONS
1. “Association” shall mean and refer to Burning Tree East Association, Inc., its successors and assigns.
2. “Articles” shall mean and refer to the Articles of Incorporation of the corporation.
3. “Properties” shall mean and refer to the following described real property situated in Tulsa County , State of Oklahoma:
Lots 5-11, Block 1 and Lots 1-18, Block 2 and Lots 9-44, Block 3 of
BURNING TREE EAST ADDITION, an Addition
to the City of Tulsa Tulsa County , State of
Oklahoma, according to the recorded plat
thereof.
4. “Common Area” shall mean all real property owned by the
Association for the common use and enjoyment of the members of the
Association.
5. “Common Facilities” shall mean all recreational and social
facilities owned and operated by the Association for the common use and
enjoyment of the members of the Association.
6. “Declarant” is Sixty-First and Memorial Development Corporation,
an Oklahoma corporation, its designated successors or assigns if
designated declarant for these purposes by Sixty-First and Memorial
Development Corporation in a duly recorded written instrument.
7. “Declaration” shall mean and refer to the certificate or
certificates of dedication applicable to the properties recorded in the
Office of the County Clerk of Tulsa County, Oklahoma.
8. “Lot” shall mean and refer to any separately numbered plot of
land shown upon any recorded subdivision plat of the properties with the
exception of the common areas owned by or dedicated to this
corporation.
9. “Living Unit” shall mean and refer to any portion of a
multi-family structure situated on the properties designed and intended
for the use and occupancy as a residence by a single family.
10. “Multi-family Structure” shall mean and refer to any building
designed and intended for use and occupancy as a residence by two or
more families under one roof.
11. “Members” shall mean and refer to those persons or entities
entitled to hold membership in the Association as provided in the
Declaration and set forth in these bylaws.
12. “Owner” shall mean and refer to the record owner, whether one or
more persons or entities of a fee simple title to any lot or living
unit situated upon the property and which is subject by covenants of
record to assessment by the Association, including contract sellers but
excluding those having such interest merely as security for the
performance of an obligation.
ARTICLE III
MEMBERSHIP
Every owner of lots described in Paragraph 3 of Article II shall be a
member of the corporation. Membership in Burning Tree East
Association, Inc., shall entitle the members of those Associations to
the right and use of enjoyment of the common areas and common facilities
of the Association.
ARTICLE IV
PROPERTY RIGHTS
Each owner shall be entitled to the use and enjoyment of the common
area and facilities as provided in the Declaration. Any owner may
delegate his rights of enjoyment of the common areas and facilities to
members of his family, his tenants or contract purchasers who reside on
the property. Each member shall notify the secretary of the
corporation in writing of the name of any such delegatee. The rights
and privileges of such delegatee are subject to suspension to the same
extent as those of the member. Each owner’s right and easement of
enjoyment in and to the common area and the common facilities shall be
appurtenant to and shall pass with title to every lot or parcel to the
following provisions:
(1) The right of the Association to limit the number of guests of members;
(2) The right of the Association to charge reasonable
admission and other fees for the use of any common facilities situated
upon the common areas;
(3) The right of the Association in accordance with its
Articles and Bylaws to borrow money for the purpose of improving the
common area and facilities and in aid thereof to mortgage the same. The
rights of the Association, however, shall be subordinate to the right
of any mortgages made in good faith and for value prior to such
mortgage by the Association;
(4) The right of the Association to suspend voting rights and
the right to use of the recreational facilities of any owner for any
period during which any assessment against his lot or parcel remains
unpaid;
(5) The right of the Association upon the assent of two-thirds
(2/3) of the members to dedicate, sell, or transfer all or any part of
the common areas to any public agency, authority, or utility for such
purposes and subject to such conditions as may be agreed to by the
members; and
(6) The right of the Association to allow the limited use of
the common areas and common facilities by the tenants of office and
commercial lots and parcels to charge reasonable fees for such use.
ARTICLE V
MEETINGS OF MEMBERS
1. The first annual meeting of the members shall be on the fourth
Wednesday of October 1981, and each subsequent annual meeting of the
members shall be held on the same day of the same month each year
thereafter at 7:30 p.m. If the day for the annual meeting of the
members is a legal holiday, then the meeting will be held at the same
hour on the first day following which is not a legal holiday. The board
of directors, by resolution, shall fix a date for the meeting no more
than thirty (30) days before or after that date.
2. Special meetings of the members may be called at any time by the
president or by the board of directors. A special meeting shall be
called upon written request of twenty-five (25) of the members who are
entitled to vote.
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.
4. The presence at the meeting of members entitled to vote or of
proxies entitled to vote of one-half (1/2) of all the votes shall
constitute a quorum for any action except as otherwise provided in these
bylaws, the Declaration, or the Articles. If such quorum shall not be
present or represented at any meeting, the members entitled to vote
thereat shall have the power to adjourn the meeting until a quorum shall
be present or represented. The meeting may be adjourned to a date not
less than forty-eight hours, no more than thirty (30) days after the
original meeting date. At such reconvened meeting, the presence of
members entitled to cast at least twenty-five percent (25%) of all the
votes in person or by proxy shall constitute a quorum. A meeting may
only be reconvened once. Thereafter, a new meeting must be called and
the original quorum requirements shall be applicable.
5. At all meetings of members, each member may vote in person or by
proxy. All proxies shall be in writing and filed with the secretary
prior to the beginning of any meeting where the proxy is to be
exercised. Every proxy shall be revocable.
6. Wherever the Articles require the assent of the members,
the assent shall be obtained at a meeting called for the purpose,
pursuant to the notice, quorum and adjournment requirements applicable.
In the event that a quorum is present but the required majority of
each class of members is not present in person or by proxy, the members
not present may thereafter give their written assent to the action
taken.
ARTICLE IV
BOARD OF DIRECTORS
1. The affairs of the Association shall be managed by a board of
directors who need not be members of the corporation. The number of
directors elected to serve until the first annual meeting and until
their successors are elected and qualified shall be seven (7) directors,
but in no case shall there be fewer than three (3). Thereafter, the
number of directors shall be determined by the members present at each
annual meeting. To the extent directorships remain unfilled after each
member has elected two directors, any such vacancy shall be filled by
directors elected by majority vote of all members.
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.
3. No director shall receive compensation for any service he may
render to the corporation; however, any director may be reimbursed for
his actual expenses incurred in the performance of his duties.
ARTICLE VII
MEETINGS OF DIRECTORS
1. Regular meetings of the board shall be held monthly at a stated time and place.
2. Special meetings of the board shall be held when called by the
president of the corporation, or by any two (2) directors, after not
less than three (3) days’ notice to each director.
3. A majority of the directors shall constitute a quorum for the
transaction of business. 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.
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
written approval of all the directors. Any action so approved shall
have the same effect as though taken at a meeting of the directors.
5. All board meetings are open to the membership.
6. All votes shall be recorded by name.
ARTICLE VIII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
1. The board of directors shall have power to:
(a) 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.
(b) determine a reasonable admission fee or charge for the use of recreational facilities situated upon the common area;
(c ) exercise for the Association all powers, duties and authority
vested in or delegated to this Association and not reserved to the
membership by other provisions of these Bylaws, the Articles of
Incorporation, or the Declaration;
(d) declare the office of a member of the board of directors to be
vacant in the event such member shall be absent from three (3)
consecutive regular meetings of the board of directors; and
(e) employ a manager, an independent contractor and such other
employees as they deem necessary, and to prescribe their duties and
compensation.
(f) Any contract which could extend beyond one year or is valued at
more than $1,000.. must be approved by a resolution of the membership at
an annual or special meeting. If approval is sought at a special
meeting, it must be announce on the agenda in advance.
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
or at any special meeting, when such statement is requested in writing
by one-fourth (1/4) of the members who are entitled to vote;
(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;
(c) as more fully provided herein, and in the Declaration,
(1) fix the amt of the annual assessment against each lot and
living unit at least thirty (30) days in advance of each annual
assessment period, as hereinafter provided in Article XII, and
(2) send written notice of each assessment to every owner
subject thereto at least (30) days in advance of each annual assessment
period;
(d) issue, or to cause an appropriate officer to issue, upon demand
by any person, a certificate setting forth whether or not any
assessment has been paid. A reasonable charge may be made by the board
for the issuance of these certificates. If a certificate states an
assessment has been paid, such certificate shall be conclusive evidence
of such payment;
(e) procure and maintain adequate liability and hazard insurance on property owned by the Association;
(f) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and
(g) cause the common areas to be maintained.
ARTICLE IX
OFFICERS AND THEIR DUTIES
1. The officers of this Association shall be a president, a vice
president, a secretary, and a treasurer, who shall at all times be
members of the board of directors, and such other officers as the board
may from time to time by resolution create.
2. The election of officers shall take place at the first meeting of
the board of directors following each annual meeting of the members.
3. The officers of this Association shall be elected annually by the
board and each shall hold office for one (1) year unless he shall
sooner resign, or shall be removed, or otherwise disqualified to serve.
4. The board may elect such other officers as the affairs of the
Association may require, each of whom shall hold office for one (1)
year, have such authority, and perform such duties as the board may from
time to time determine.
5. Any officer may be removed from office with or without cause by
the board. Any officer may resign at any time by giving written notice
to the board, the president or the secretary. Such resignation shall
take effect on the date of receipt of such notice or at any later time
specified therein, the acceptance of such resignation shall not be
necessary to make it effective
6. A vacancy in any office may be filled in the manner prescribed
for regular election. The officer elected to such vacancy shall serve
for the remainder of the term of the office he replaced.
7. The
offices of
secretary and treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
8. The duties of the officers are as follows:
President
(a) The president shall preside at all meetings of the board of
directors; shall see that orders and resolutions of the board are
carried out; and shall sign all leases, mortgages, deeds, and other
written instruments.
Vice President
(b) The vice president shall act in the place of the president in
the event of his absence, inability or refusal to act and shall exercise
and discharge such other duties as may be required of him by the
board.
Secretary
(c) The secretary shall record the votes and keep the minutes of all
the meetings and proceedings of the board and of the members; keep the
corporate seal of the Association and affix it on all papers requiring
said seal; serve notice of meetings of the board and of the members;
keep appropriate current records showing the name and address of the
members of the Association together with the number of votes to which
each member is entitled, and shall perform such other duties as required
by the board.
Treasurer
(d)
The treasurer shall
receive and deposit in appropriate bank accounts all monies of the
Association and shall disburse such funds as directed by resolution of
the board of directors; shall sign all checks and promissory notes of
the Association; 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
MASTER ASSOCIATION
1. The Association is a member of Burning Tree Master Association,
Inc. Membership in the Association shall entitle the members of the
Association to the right, use and enjoyment of the common areas and
common facilities of Burning Tree Master Association, Inc., subject to
the Articles of Incorporation and Bylaws of Burning Tree Master
Association, Inc.
2. The affairs of the Burning Tree Master Association, Inc., shall
be managed by a board of directors. The number of directors elected to
serve until the first annual meeting and until their successors are
elected and qualified shall be five (5) directors, but in no case shall
there be fewer than three (3). Thereafter, the number of directors
shall be determined by the members present at each annual meeting. The
Association may elect two (2) directors to represent the Association on
the board of directors of the Burning Tree Master Association, Inc.
3. Each director elected by the Association to serve on the board
of directors of the Master Association 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.
ARTICLE XI
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.
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.
ARTICLE XII
ASSESSMENTS
1. By the declaration each member is deemed to covenant and agree to
pay the Association: (1) annual assessments or charges, and (2)
special assessments for capital improvements. The annual costs of
collection thereof, as hereinafter provided, shall be a change on the
land and shall be a continuing lien upon the property against which each
such assessment is made. Each such assessment, together with such
interest, costs, and reasonable attorney’s fees shall also be the
personal obligation of the person who was the owner of such property at
the time when the assessment fell due and shall not pass to his
successors in title unless expressly assumed by them.
2. The assessments levied by the Association shall be used
exclusively for the purpose of promoting recreation, health, safety, and
welfare of the residents in the properties and in particular for the
improvement and maintenance of the common area, services, and
facilities devoted to this purpose and related to the use and enjoyment
of the common area, and of the homes situated upon the properties.
3. Until January 1 of the year immediately following the conveyance
of the first lot or living unit to an owner, the maximum annual
assessment shall be $180 per lot or living unit.
(a) From and after January 1 of the year
immediately following the conveyance of the
first lot or living unit to an owner, the
maximum annual assessment may be increased
above that previously established by a vote
of the members for the next succeeding two
years and at the end of each such period of
two years, for each succeeding period of two
years;
provided that any such assessment shall
have the assent of the members entitled to
cast two-thirds (2/3) of the votes eligible
to be cast by each class of members at a meeting
duly called for this purpose. Written notice
of said meeting setting forth the purposes
thereof shall be sent or delivered to all the
members not less than thirty (30) days nor more
than sixty (60) days in advance of the meeting.
In the event at any such meeting there are not
sufficient members present in person or by proxy
to cast two-third (2/3) of all those votes
eligible to be cast by each class of members,
but there are sufficient members present in person
or by proxy to constitute a quorum as hereinafter
defined, or in the event there are sufficient
members present in person or by proxy to cast
two-thirds (2/3) of said votes but such members
fail to assent to such increased assessment by
the vote required therefore, members not so present
at such meeting may, within thirty (30) days
thereafter, give their written assent to such
assessment, and upon delivery of such written
assents to the Secretary of the Association
within such time, the votes of such members
not so present at such meeting shall be deemed
votes cast at such meeting in favor of such
assessment. The limitations hereof shall not
apply to any change in the maximum and basis
of the assessments undertaken as an incident
to a merger or consolidation in which the
Association is authorized to participate under
Its Articles of Incorporation.
(b) After consideration of
current maintenance
Costs and future needs of the Association,
the Board of Directors may fix the annual
assessment at an amount not in excess of the
authorized maximum.
The annual assessment for an unimproved lot
shall be 50% of the assessment for a lot
on which a dwelling has been constructed.
Beginning the first day of the month following
month in which a building permit is issued
for the construction of a dwelling on an
unimproved lot, the assessment shall be as
provided in Paragraphs 3(a) through 3 (d).
The annual assessment for each living unit
constructed on a multifamily lot shall
be the assessment fixed for a lot.
4. In addition, to the assessments authorized above, the
Association may levy in any assessment year, a special assessment,
applicable to that year only, for the purpose of defraying, in whole or
in part, the cost of any construction or reconstruction, unexpected
repair or replacement of a described capital improvement upon the common
area, including the necessary fixtures and personal property related
thereto,
provided that
any such assessment shall have the assent of the members entitled to
cast two-thirds (2/3) of the votes eligible to be cast by each class of
members at a meeting duly called for this purpose. Written notice of
said meeting setting forth the purpose thereof shall be sent to all
members not less than thirty (30) days nor more than sixty (60) days in
advance of the meeting. In the event at any such meeting there are not
sufficient members present in person or by proxy to cast two-thirds
(2/3) of all those votes eligible to be cast by each class of members,
but there are sufficient members present in person or by proxy to cast
two-thirds (2/3) of said votes but such members fail to assent to such
special assessment by the vote required therefore, members not so
present at such meeting may, within thirty (30) days thereafter, give
their written assents to the Secretary of the Association within such
time, the votes of such members not so present at such meeting shall be
deemed votes cast at such meeting in favor of such assessment.
5. At the first meeting called, as provided in Sections 3 and
4 hereof, the presence at the meeting of members or of proxies
entitled to cast two-thirds (2/3) of all the votes of each class of
membership shall constitute a quorum. If the required quorum is not
forthcoming at any meeting, another meeting may be called, subject to
the notice requirement set forth in Sections 3 and 4, and the required
quorum at any such subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding
meeting.
6. The annual assessments provided for herein shall commence as to
all lots or living units on October 1, 1978. The first annual
assessment shall be adjusted according to the number of months remaining
in the calendar year. With the exception of the first annual
assessment which may be fixed at any time prior to the assessment date,
the board of directors of the Association shall recommend to the
members of the amount of the annual assessment against each lot or
living unit at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall be
sent to every owner subject thereto. The due dates of assessments shall
be established by the board of directors. The Association shall upon
demand at any time furnish a certificate in writing signed by an
officer of the Association setting forth whether the assessments on a
specified lot or living unit have been paid. A reasonable charge may be
made by the board for the issuance of these certificates. Such
certificate shall be conclusive evidence of payment of any assessment
therein stated to have been paid.
7. Any assessments which are not paid when due shall be delinquent
and shall constitute a lien on the lot or living unit against which the
assessment is made. If the assessment is not paid within thirty (30)
days after the due date, the assessment shall bear interest from the
date of delinquency at the rate of eighteen percent (18%) per annum, and
the Association may bring an action at law against the owner
personally obligated to pay the same, or foreclose its lien against the
property, or both, and interest, costs, and reasonable attorney’s fees
of any such action shall be added to the amount of such assessment.
No owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the common area or abandonment of his
lot or living unit. Assessment liens shall continue for a period of
one (1) year from the date upon which an assessment becomes delinquent,
and no longer; provided that if, within such period, proceedings shall
have been instituted to enforce such lien in any court in Tulsa
County, Oklahoma, having jurisdiction in suits for the enforcement of
liens, such lien shall continue until the termination of the proceeding
and until the sale of such lot or living unit under execution of the
judgment establishing it.
8. The lien of the assessments provided for herein shall be
subordinate to the lien of any mortgage now or hereafter placed upon any
lot or living unit subject to assessment; provided, however, that such
subordination shall apply only to the assessments or installments
thereof which have become due and payable prior to the sale of such lot
or living unit pursuant to a foreclosure of such mortgage or transfer
or conveyance in lieu of such foreclosure. Such sale pursuant to such
foreclosure or such transfer or conveyance in lieu of such foreclosure
shall not relieve such lot or living unit from liability for any
assessments or installments thereof thereafter becoming due nor from the
lien of any such subsequent assessments or installments.
9. The following property subject to this Declaration shall be
exempt from the assessments created herein: (a) all properties
dedicated to and accepted by a local public authority or conveyed to a
public utility; (b) the common area; and (c) all properties owned by a
charitable or nonprofit organization exempt from taxation by the laws of
the State of Oklahoma, as long as such property is not used for
residential purposes.
ARTICLE XIII
ALLOCATION OF INCOME AND EXPENSES
1. The corporation shall apply all its revenue from whatever sources derived to the payment of its
operating expenses and to other
necessary items
of disbursement, inclusive of but not limited to, retirement of
indebtedness, if any, and construction and improvement of recreational
facilities. In addition, the corporation may establish reasonable cash
reserves for anticipated future disbursements for maintenance and
operating expense, construction and improvement of recreational
facilities, and the retirement of debt not subject to amortization. At
the end of each fiscal year, any funds remaining after such provisions
for anticipated future disbursements shall, in the discretion of the
board of directors, be:
(a) applied to the construction or improvement of additional
recreational facilities for the benefit of all members of the
corporation and the respective owners of each such member, or
(b) distributed to members of the corporation in a reasonable
manner. Any such funds so distributed to the members of the
corporation shall b used in the discretion of each such member for the
payment of operating expenses of such member or for construction or
improvement of recreational facilities for the benefit of such member
and its owners. In no event shall a member of this corporation make a
distribution to its owners of any sums so distributed to it by this
corporation;
provided, however, that the board of directors of this corporation
shall not permit an unreasonable accumulation of undesignated funds of
this corporation. It is the intention of this provision to impose an
affirmative obligation of the board of directors to expend or establish
cash reserves for future expenditures for the benefit of the homeowners
in the Burning Tree area of any cash funds remaining after the payment
of current operating expenses, the establishment of reasonable cash
reserves for anticipated future disbursements for maintenance and
operating expenses, and the establishment of reserves for the
construction of recreational facilities or the retirement of debt not
subject to amortization.
2.
In the event that the corporation has an operating deficit at the end of the its fiscal year, after having applied all prior years’ surplus earnings, such deficit shall be allocated to members on the following basis:
(a)
Each member shall pay that fractional part of the corporation’s deficit equal
to the total amount of the deficit multiplied by a fraction, the
numerator of which is the dollar amount total annual assessments levied
by that member on its membership and the denominator of which is the
dollar amount of the total annual assessments levied by all members on
their memberships.
3. Each member shall treat any assessment against it by the
corporation to cover an operating expense deficit as an operating
expense of the member.
4.
In the event a member fails
to pay its share of the corporation’s operating expense within thirty
(30) days after having been notified of the amount due, the
member shall be suspended from participation in the affairs of the
corporation, and the member’s membership shall be prohibited from using
the facilities of the corporation until such time as the amount
assessed is paid by the member.
ARTICLE XIV
CORPORATE SEAL
The corporation shall have a seal in circular form having within its
circumference the words: BURNING TREE BURNING TREE EAST ASSOCIATION,
INC.
ARTICLE XV
AMENDMENTS
These bylaws may be amended, at a regular or special meeting of the
members, by a vote of a fifty percent (50%) majority of a quorum of
members present in person or by proxy.
ARTICLE XVI
FISCAL YEAR
The fiscal year of the corporation shall be the calendar year.
ARTICLE XVII
The Corporation shall indemnify to the extent permitted by
law any director or officer, pr former director or officer, of
the Corporation for expenses and costs (including attorney’s
fees) actually and necessarily incurred by him in connection
with any claim asserted against him, by action in court or
otherwise, by reason of his being or having been such director
or officer.
ARTICLE XVIII
The provision of Articles V and XII shall not be
applicable to the first general meeting to be held on
October 28, 1981 to the extent that the notice requirements
are not met.
Adopted this ____ day of ________, 19 .
(corporate seal) BURNING TREE EAST #5 ASSOCIATION, INC.
ATTEST:
______________________________ By: _____________________________
Secretary President
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