Part Two
The Burning Tree Master Association and the board of directors hired an attorney to look into the legal ties that each subdivision has with the Master. Apparently this was not completed. Burning Tree South filed a petition to amend the covenants, with a majority of homeowner’s signatures, and filed it with the Tulsa County Clerks office. The Master Association sent all homeowners a notice to attend a meeting to discuss this amendment. The attorney representing the Master Association had prepared an “opinion of counsel” stating the things he found wrong with the petition. He also misrepresented the wording of the covenants and their subsequent meaning.
Following this meeting, three homeowners in Burning Tree South hired an attorney to represent them. The attorney, Mr. Thomas Affeldt, issued an “opinion of counsel” questioning the right of the Master Association to assess or issue a lien on individual homeowners. The issuance of such a lien could be considered “Slander of Title”. This could cause the board of Burning Tree Master Association to be liable for treble damages if taken to a court of law.
The Oklahoma Secretary of State has stated that Burning Tree South (Area 4) and all the other Burning Tree Associations are stand alone corporations with no ties to Burning Tree Master Association. So far our research of Burning Tree records, minutes, and records in the county clerk’s office has not found a merger document between all the corporations and the Master, nor can any of the “old timers” remember being asked to vote on such a merger. So far we have been unable to find a vote being taken to increase the assessments amount. Did you know the By-Laws state a vote MUST happen?
In April of 2011 I asked the Master Association for a CPA Audit and was told there were not enough records to do an audit. The Master paid a contract secretary, either $400.00 or $600.00 each month to keep accurate and up to date records, this depends on which year’s budget you look at. What happened? It was also stated that my request must be put in writing. I mailed a certified letter to the Master Association requesting a CPA audit and got the same response about the lack of records to do an audit. It is my understanding that the Master has recently filed Income Taxes for 2007 and 2008. I am not aware if the years of 2009 and 2010 Income Taxes have been filed as of this writing. While I am fully aware you need to file Income Tax before you have an audit, I fail to understand why accurate records have not been kept, and why this practice has been allowed to continue for so many years.
ALL homeowners of ALL Burning Tree Associations need to get involved and attend the monthly meetings of the Burning Tree Master Association. Ask questions, do research. Keep asking questions until you get a satisfactory answer. Don’t settle for being ignored or being told “this is not how we do it.” This is our money and our responsibility to insure the Burning Tree Master Associations business practices are sound and accurate.
EDDIE McGOVERAN
Following this meeting, three homeowners in Burning Tree South hired an attorney to represent them. The attorney, Mr. Thomas Affeldt, issued an “opinion of counsel” questioning the right of the Master Association to assess or issue a lien on individual homeowners. The issuance of such a lien could be considered “Slander of Title”. This could cause the board of Burning Tree Master Association to be liable for treble damages if taken to a court of law.
The Oklahoma Secretary of State has stated that Burning Tree South (Area 4) and all the other Burning Tree Associations are stand alone corporations with no ties to Burning Tree Master Association. So far our research of Burning Tree records, minutes, and records in the county clerk’s office has not found a merger document between all the corporations and the Master, nor can any of the “old timers” remember being asked to vote on such a merger. So far we have been unable to find a vote being taken to increase the assessments amount. Did you know the By-Laws state a vote MUST happen?
In April of 2011 I asked the Master Association for a CPA Audit and was told there were not enough records to do an audit. The Master paid a contract secretary, either $400.00 or $600.00 each month to keep accurate and up to date records, this depends on which year’s budget you look at. What happened? It was also stated that my request must be put in writing. I mailed a certified letter to the Master Association requesting a CPA audit and got the same response about the lack of records to do an audit. It is my understanding that the Master has recently filed Income Taxes for 2007 and 2008. I am not aware if the years of 2009 and 2010 Income Taxes have been filed as of this writing. While I am fully aware you need to file Income Tax before you have an audit, I fail to understand why accurate records have not been kept, and why this practice has been allowed to continue for so many years.
ALL homeowners of ALL Burning Tree Associations need to get involved and attend the monthly meetings of the Burning Tree Master Association. Ask questions, do research. Keep asking questions until you get a satisfactory answer. Don’t settle for being ignored or being told “this is not how we do it.” This is our money and our responsibility to insure the Burning Tree Master Associations business practices are sound and accurate.
EDDIE McGOVERAN
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