By-Laws, Articles of Incorporaton and Covenants explained

Covenants, conditions and restrictions (Certificate/Deed of Dedication) are  commonly called "CC and Rs". These are written rules, limitations and restrictions on use, mutually agreed to by all owners of homes in a subdivision. CC and Rs are supposed to be enforced by the homeowners association, which is one of the requirements of having a mandatory HOA. Unfortunately in Burning Tree Mr. Henshaw set up the covenants so it is the homeowner who personally bring lawsuits against violators.



Since the Certificate of Dedication did not allow the HOA to enforce anything and because Mr. Henshaw had deeded all the land from the subdivisons to the Master Association the document filed by Mr. Henshaw no longer met the criteria required to form a mandatory HOA in your subdivision!!  It changed anything that he had filed previously. It now required 100% of the homeowner’s signatures in order to have a mandatory HOA. Tulsa County has advised that they do not show that any such document has been filed with homeowner’s signatures showing their agreement to a mandatory HOA.

 State law requires that a copy of the CC and Rs be recorded with the county recorder and must be provided to any prospective buyer. (Were you actually given one? Well, guess what.....Oklahoma statutes (paragraph C) states: 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 owners association restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association.    


What that means is that even if the Burning Tree Master Association had ever had any authority to assess homeowners they would have still had to make sure you were given information no later than at closing. If you didn't get anything the burden of proof would be upon the  Burning Tree Master Association to prove that you did. Do they have your signature anywhere? 
By-laws are the written rules for conduct of any organization. They should not be confused with the Articles of Corporation which only state the basic outline of the company. Bylaws generally provide for meetings, elections of a board of directors and officers, filling vacancies, notices, types and duties of officers, committees, assessments and other routine conduct. Bylaws are, in effect a contract among members, and must be formally adopted by the directors and/or amended.


Articles of incorporation are the basic charter of a corporation which spells out the name, basic purpose, incorporators, amount and any special characteristics such as being non-profit. Each state has its own system of approval of articles and sets specific requirements for non-profits. Articles must be signed by the incorporating person or persons or by the first board of directors. The starting point for filing and approval of Articles of Incorporation is usually the state's Secretary of State. There will be a fee and, often, a deposit of an estimated first year's taxes.