Burning Tree Master Association (BTMA)President Wendy Berezowski stated that the Burning Tree Master Association (BTMA) by-laws have been used so they are in effect. However,
the By-Laws have been totally disregarded in many cases.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Oklahoma statue O.S. 60 § 852. Owners Association requires that when forming a HOA an instrument MUST first be signed by all homeowners/lot owners then filed at the office of the Tulsa County Clerk. Burning Tree Area #4 Association, Inc. was formed in Dec.1978 yet the Tulsa County Clerk does not show such a document, with all homeowners signatures was ever filed. In Jan. 1979 Burning Tree South homeowners received a letter asking if they were shocked and surprised to learn that they belonged of a homeowner’s association. Many letters of protest were received.
The above law was amended in 1986 to read: No lien may be placed or mortgage foreclosed unless the homeowner was informed in writing upon joining the owners association of the existence and content of the owner’s association restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association. Until this last year many homeowners were unaware of the existence of these documents: By-Laws, Covenants, and Articles of Incorporation. If BTMA did provide the documents to the buyer when they joined the association Burning Tree Master Association (BTMA)will have the buyers signature on file as acknowledgment of that fact.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
According to the office of the Secretary of State, Articles of Incorporation were filed for Burning Tree Area #4 Homeowners Association, Inc. as a "stand-alone" corporation, with no ties to the Burning Tree Master Association. Burning Tree Master Association By-Laws state in ARTICLE III MEMBERSHIP: Every Burning Tree Area Owners Association approved by Declarant shall be a member of the corporation.) The Master Association's Articles of Incorporation were never amended to show the Declarant (Sixty-First and Memorial Development Corporation) approved Burning Tree South or any other subdivision as a "sub associations".
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Before homeowners learned that the documents had never been filed to make BTS a mandatory HOA Frank Spiegelberg, attorney and former president of the Master Association, advised in May of 1981 that it is the subdivisions (areas) that are the members of the Master Association; not the homeowners. (He was correct as the by-Laws state in ARTICLE III MEMBERSHIP: Every Burning Tree Area Owners Association approved by Declarant shall be a member of the corporation.) This would mean that the BTMA never had the legal right to directly assess or put a lien on a homeowner since homeowners were never meant to be the members of the Burning Tree Master Association (BTMA).
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
According to Chris Sansonne at INCOG, in an e-mail with the maps, Burning Tree South is not in Planned Unit Development (PUD) 112 with the rest of Burning Tree as the Certificate of Dedication, incorrectly states. * However, were you aware that there are more than 40 duplexes and two apartment complexes that are in PUD 112 and are a part of Burning Tree ? Yes, the duplexes and apartments did pay assessments and even had members on the board. Meeting notes and newspaper accounts show that some of the original homeowners did not want people who were living in the duplexes or apartments to be able to use the recreational facilities. The Burning Tree Master Association board of directors, without amending the covenants to make it legal, simply stopped assessing the duplex and apartment owners. Thus, apartment and duplex dwellers are not be allowed admittance to enjoy the facilities since they have not paid their dues.) This is discrimination against the duplex and apartment owners and against home owners who are forced to pick up the slack and threatened into paying the higher dues.
*But the PUD was set up for zoning purposes.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
ARTICLE X BOOKS AND RECORDS of the Burning Tree Master Association by-laws:
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
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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Oklahoma statue O.S. 60 § 852. Owners Association requires that when forming a HOA an instrument MUST first be signed by all homeowners/lot owners then filed at the office of the Tulsa County Clerk. Burning Tree Area #4 Association, Inc. was formed in Dec.1978 yet the Tulsa County Clerk does not show such a document, with all homeowners signatures was ever filed. In Jan. 1979 Burning Tree South homeowners received a letter asking if they were shocked and surprised to learn that they belonged of a homeowner’s association. Many letters of protest were received.
The above law was amended in 1986 to read: No lien may be placed or mortgage foreclosed unless the homeowner was informed in writing upon joining the owners association of the existence and content of the owner’s association restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association. Until this last year many homeowners were unaware of the existence of these documents: By-Laws, Covenants, and Articles of Incorporation. If BTMA did provide the documents to the buyer when they joined the association Burning Tree Master Association (BTMA)will have the buyers signature on file as acknowledgment of that fact.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
According to the office of the Secretary of State, Articles of Incorporation were filed for Burning Tree Area #4 Homeowners Association, Inc. as a "stand-alone" corporation, with no ties to the Burning Tree Master Association. Burning Tree Master Association By-Laws state in ARTICLE III MEMBERSHIP: Every Burning Tree Area Owners Association approved by Declarant shall be a member of the corporation.) The Master Association's Articles of Incorporation were never amended to show the Declarant (Sixty-First and Memorial Development Corporation) approved Burning Tree South or any other subdivision as a "sub associations".
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Before homeowners learned that the documents had never been filed to make BTS a mandatory HOA Frank Spiegelberg, attorney and former president of the Master Association, advised in May of 1981 that it is the subdivisions (areas) that are the members of the Master Association; not the homeowners. (He was correct as the by-Laws state in ARTICLE III MEMBERSHIP: Every Burning Tree Area Owners Association approved by Declarant shall be a member of the corporation.) This would mean that the BTMA never had the legal right to directly assess or put a lien on a homeowner since homeowners were never meant to be the members of the Burning Tree Master Association (BTMA).
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
According to Chris Sansonne at INCOG, in an e-mail with the maps, Burning Tree South is not in Planned Unit Development (PUD) 112 with the rest of Burning Tree as the Certificate of Dedication, incorrectly states. * However, were you aware that there are more than 40 duplexes and two apartment complexes that are in PUD 112 and are a part of Burning Tree ? Yes, the duplexes and apartments did pay assessments and even had members on the board. Meeting notes and newspaper accounts show that some of the original homeowners did not want people who were living in the duplexes or apartments to be able to use the recreational facilities. The Burning Tree Master Association board of directors, without amending the covenants to make it legal, simply stopped assessing the duplex and apartment owners. Thus, apartment and duplex dwellers are not be allowed admittance to enjoy the facilities since they have not paid their dues.) This is discrimination against the duplex and apartment owners and against home owners who are forced to pick up the slack and threatened into paying the higher dues.
*But the PUD was set up for zoning purposes.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
ARTICLE X BOOKS AND RECORDS of the Burning Tree Master Association by-laws:
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
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.
·
If the by-laws state that it is the Treasurer who is to sign checks
why have past Pres, VP, and others been writing checks?
·
A resident of Burning Tree sent a certified letter to the Master Association
requesting copies of all financial records for the past 5 years, along with the
CPA Audit required in the By-Laws. He was entitled to do this as he had been
paying money to the BTMA. This request has been denied since March 2011.
We have been advised that the income taxes for 2007, 2008, 2009, and 2010 have finally been filed. A CPA Audit can now be completed for the first time in Burning Tree history. What the BTMA was getting was not CPA Audits, but CPA Reviews and then more recently, simply Tax Reviews!
The Oklahoma Constitution, Article 2 section 28 states in part: The records, books, and files of all corporations shall be, at all times, liable and subject to the full visitorial and inquisitorial powers of the State.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Burning Tree Master Association (BTMA) ARTICLE V MEETINGS OF MEMBERS
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.
The annual meeting is
Monday night. Did you get notice in the mail??
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Burning
Tree Master Association By-laws state that the term of a director is for one year:
ARTICLE VI 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. 2. Directors shall serve for a term of one (1) year
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. (In order to be an officer one must be a director. The moment one is voted out as a director they cannot be an officer. There was some confusion about this last September.)
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.
ARTICLE VI 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. 2. Directors shall serve for a term of one (1) year
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. (In order to be an officer one must be a director. The moment one is voted out as a director they cannot be an officer. There was some confusion about this last September.)
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.
Unlike Burning Tree South’s board of
directors which were just elected in May the other subdivisions one year term
will be up in September.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Burning Tree Master Association (BTMA) Board of Directors does not recognize Burning Tree South. BTMA has never recognized duly elected representatives of Burning Tree South Eddie McGoveran and Joe Nappo, by including them in any BTMA board of directors e-mails and votes. Burning Tree South does not need to vote in new directors for South as their elected their directors in April 2011 for a term of one year that will run until April 2012. The three representatives elected by the Burning Tree South board to represent them at the BTMA included Mr. Nappo and Mr. McGoveran, who have never been recognized by the BTMA as being included. By not recognizing Burning Tree South representatives, it seems that the Burning Tree Master Association (BTMA) has conceded that they do understand clearly that Burning Tree South Subdivision is not, nor has ever been a part of the Burning Tree Master Association (BTMA)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Janie Lyon posted on this blog (open it and look under the comment section ) that she and her husband Larry Lyon (original homeowners of their home in Burning Tree South) had "worked very hard to help get the homeowners association set up. It became very apparent in the beginning that it was ridiculous to have each area homeowners association bill the homeowners in their area for the Master Association assessment each year. This would have required separate bank accounts, separate accounting systems and an accountant’s audit each year. The costs to do these things would have been burdensome for homeowners. The Associations have operated since their inception with the Master billing each homeowner and Master placing the liens on the unpaid properties."
Apparently Janie and Mr. Lyon were not aware of this Oklahoma Statute:
O.S. 18 § 1081. Merger or Consolidation of Domestic Corporations states that homeowners are to be allowed to vote on a merger or consolidation, before it is filed with both the Tulsa County Clerk’s office and Secretary of State. However, neither the Secretary of State, nor the Tulsa County Clerk's office received paperwork for a merger or consolidation to be filed. Therefore, with no vote by homeowners, the Master Association has no authority to directly assess homeowners or file liens against them.
Janie Lyon posted on this blog (open it and look under the comment section ) that she and her husband Larry Lyon (original homeowners of their home in Burning Tree South) had "worked very hard to help get the homeowners association set up. It became very apparent in the beginning that it was ridiculous to have each area homeowners association bill the homeowners in their area for the Master Association assessment each year. This would have required separate bank accounts, separate accounting systems and an accountant’s audit each year. The costs to do these things would have been burdensome for homeowners. The Associations have operated since their inception with the Master billing each homeowner and Master placing the liens on the unpaid properties."
Apparently Janie and Mr. Lyon were not aware of this Oklahoma Statute:
O.S. 18 § 1081. Merger or Consolidation of Domestic Corporations states that homeowners are to be allowed to vote on a merger or consolidation, before it is filed with both the Tulsa County Clerk’s office and Secretary of State. However, neither the Secretary of State, nor the Tulsa County Clerk's office received paperwork for a merger or consolidation to be filed. Therefore, with no vote by homeowners, the Master Association has no authority to directly assess homeowners or file liens against them.
From the Master Associations Articles of Incorporation:
ARTICLE VIII MERGERS AND CONSOLIDATIONS: To the extent permitted by law, the corporation may participate in mergers and consolidations with other non-profit corporations organized for the same purposes provided that such merger or consolidation shall have the assent of two thirds (2/3) if the votes of the entire membership.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Here are the corporations filed with the state of Oklahoma. Free standing and completely separate, according to the office of the Oklahoma Secretary of State not one of them is tied to another.
2100288651 BURNING TREE MASTER ASSOCIATION, INC. BT Master Assn)
2100309967 BURNING TREE AREA I ASSOCIATION, INC. (Part of BT One. They supposedly have two different ones)
2100347247 BURNING TREE AREA #2 ASSOCIATION, INC. (Part of BT One. They supposedly have two different ones)
2100328906 BURNING TREE AREA #4 ASSOCIATION, INC. (BT South)
2100348799 BURNING TREE AREA #5 ASSOCIATION, INC. (Part of BT East. Someone forgot to set up one for Area #6.)
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 your subdivisions Covenants, the Secretary of State of Oklahoma and the Burning Tree Master Association Articles of Incorporation we 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.
No comments:
Post a Comment