Important Letter For Burning Tree South Residents

Hi Neighbors,

I’m sure you received a notice taped to your door about a special meeting called by the

Burning Tree Master Association, for Wednesday July 20, 2011 at 7:00 p.m. As you may know the Burning Tree Master Association hired an attorney to issue an “opinion of counsel” as to the legality of the petition filed on June 13, 2011 with the Tulsa County Clerk by Burning Tree South addition, incorporated as Burning Tree Area #4 Association. 

This petition was filed to align the Covenants or Deed of Dedication with the Articles of Incorporation. We did not need to file anything to remove ourselves from the Burning Tree Master Association. We were never a part of it. However, the Covenants give the owners of a majority of lots in Burning Tree South addition the right to change or vacate the covenants at any time after February 1, 1993. The petition was filed with more than a majority of homeowners’ signatures.

The office of the Oklahoma Secretary of State has stated that the Articles of Incorporation filed on September 15, 1978 with the state of Oklahoma establishing Burning tree Area # 4, commonly known as Burning Tree South Addition, is incorporated as a “stand alone” corporation, not a sub-association. The office of the Secretary of State has no record of Burning Tree Area #4 Association Articles of Incorporation ever being changed or amended to make Burning Tree Area #4 Association a part of Burning Tree Master Association. This is why the Covenants were recently corrected and filed with the Tulsa County Clerk.

INCOG shows that Burning Tree South was never approved by the Tulsa Metropolitan Area Planning Commission to be included in Burning Tree. A surveyor has surveyed it and shown that Burning Tree South is NOT a part of Burning Tree Master Association. The Deed of Dedication filed by the developer shows in the Covenants that the only assessments homeowners must pay are for actual repair, upkeep and maintenance of the facilities and land owned by Burning Tree Area #4, the HOA for Burning Tree South. Since Burning Tree Area #7 Inc owns nothing it is unlawful for anyone, any board of directors or any entity to assess homeowners. (This is covered in your covenants where you have the legal right to prosecute anyone and secure damages from anyone who attempts to violate that covenant.) 

The “opinion of counsel” received from the attorney hired by the Burning Tree Master Association was just that, an opinion. An attorney’s opinion is a formal written report to a client on a specific legal matter. An opinion is applicable to a judgment based on grounds insufficient to rule out the possibility of dispute. It is not the formal expression by a judge in a court of law stating the legal reasons and principles upon which a legal decision is based.   AN ATTORNEY CANNOT PROVIDE A LEGAL DECISION OR RULING – AN ATTORNEY CAN ONLY GIVE HIS/HER OPINION, WHICH IS NOT THE SAME AS A JUDGE GIVING A "LEGAL OPINION".

The majority of homeowners of Burning Tree South addition have asserted their right to have their voices heard loud and clear. We should not allow the “opinion of counsel” from Burning Tree Master Associations’ attorney, whatever it may be, to influence our resolve and determination.

If the Burning Tree Master Association attempts to collect unpaid 2011 assessments from Burning Tree South addition residents, DO NOT MAKE PAYMENT. 

It is the assertion of the Burning Tree Area#4 Association (in accordance with the filed Articles of Incorporation and Covenants), this money is not owed.

Gail Hauke

Editors note: According to our Covenants, the Secretary of State of Oklahoma and  Burning Tree Master Association  Articles of Incorporation Burning Tree South homeowners  are not tied to the Burning Tree Master Association  in any way. So we 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.