Burning Tree Master Association Attorney Seems to HAve Misinterprets Covenants

Papers were delivered to the doors of homeowners living in the Burning Tree areas regarding a meeting at Hardesty library advising all homeowners that the Burning Tree Master Association  had a "legal opinion". However, what the Burning Tree Master Association  had was simply an "opinion of counsel". There is a HUGE difference between the two. (A judge gives a legal opinion after making a ruling. The "opinion of counsel" the Burning Tree Master Association actually had is only that --the opinion of the attorney they went to!)
 
Shared by an astute director who attended that meeting and got to see it all first hand.

See how the Burning Tree Master Association attorney misinterpreted this very simple paragraph. 

Taken from the South Deed of Dedication:

2.  The following Covenants are to run with the land, and with the exception of the covenants imposed by paragraph H  (c), (d),  (e), contained hereafter (dealing with membership in the Burning Tree Area #4 Association Inc. ) which covenant shall continue for a period of life or lives it being at the execution thereof and twenty-one years thereafter, the following covenants are to run with the land and shall be binding on all persons claiming under them until Feb. 1, 1993 at which time said covenants shall be automatically extended for successive periods of ten (10) years; provided, however, after Feb 1, 1993, the then owners of a majority of all the lots in said Addition may change or vacate these covenants, either in whole or in part, which change or vacation shall be evidenced by a instrument in writing signed by the then owners of a majority of all lots in said Addition and duly filed of record in the office of the County Clerk of Tulsa County, Oklahoma.

This is what Mr. Schuller, the attorney typed in his “opinion.”

Under Paragraph 2 of the Dedication, the covenants contained in the Certificate of Dedication (including Section 1 and 2) were permitted to be amended on February 1, 1993 or every ten years afterwards by an instrument executed by the owners of “a majority of all the lots.”

Do you see the difference?  The actual covenants say “however” and he typed “or.”

There is a big difference in the interpretation of “however” and “or” within the context of this sentence.

“However” means it gives the people the option at any time to make a change to the Deed after Feb. 1, 1993.

“Or” means that they can only do it every 10 years after that.  This being so, South would not have to have 100% to satisfy the requirements.  They only need a “majority” as stated in the Certificate of Dedication.

Then, the Burning Tree Master Association  actually voted to waste more of the money to send a copy of the "opinion of counsel" to each homeowner (which they did, totally confusing homeowners.)

The Burning Tree Master Association has advised that with their attorneys “legal opinion” they are moving forward to place a letter in the Abstract and encumber homes in Burning Tree South with a lien if  homeowners do not give them money.  A lien can and does negatively affect ones credit and also can be a detriment to one applying for a job.  


See how attorneys for several homeowners in the Burning Tree South Area responded to this: Slander of Title and Treble damages.