Does the legal description in the Burning Tree Master Association Articles of Incorporation tie subdivisions to the Burning Tree Master Association

Legal descriptions were included simply to show where the Burning Tree Master Association owned property. 

The legal descriptions, in the Burning Tree Master Association (BTMA) Articles of Incorporation, in Article IV were included to show the location of the properties owned by the Burning Tree Master Association.  Burning Tree Master Association  owns properties within the subdivisions of Burning Tree One, Burning Tree East and Burning Tree South.

Homeowner misinterpreting what he tried to read confused a small number of homeowners who don't check to see if he had the facts correct.

While the Burning Tree Master Association  Articles of Incorporation include a legal description of simply where Burning Tree Master Association owns land much unnecessary confusion among homeowners is the result of one homeowner trying to interpret Burning Tree Master Association ’s Articles of Incorporation.

The homeowner incorrectly interpreted that by those legal descriptions being in the Burning Tree Master Association  Articles of Incorporation that  it meant  that the subdivisions in those areas were tied to the Burning Tree Master Association.


Unfortunately he has blurted out his incorrect assumption at more than one meeting, as if it were fact. 

Attorneys do not agree with confused homeowners misinterpretation.

It is important to note that not one attorney read the document to mean that by the Burning Tree Master Association having legal descriptions  in their Articles of Incorporation, stating where Burning Tree Master Association owns property, that it tied any subdivision to Burning Tree Master Association  or gives the Burning Tree Master Association  authority to assess any homeowner. (Interestingly, the Secretary of State's office didn't see that any subdivision was tied to the Burning Tree Master Association, either.)

Why was Burning Tree Master Association formed?

Article IV of the Burning Tree Master Association Articles of Incorporation clearly states that Burning Tree Master Association was formed to enhance and protect the value, desirability and attractiveness of their properties located in those areas.

BURNING TREE MASTER ASSOCIATION

ARTICLES OF INCORPORATION

ARTICLE IV

PURPOSES AND POWERS OF THE ASSOCIATION

This association is formed for purposes not involving pecuniary gain or profit to its members and shall have no capital stock. The specific purposes for which this corporation is formed are to provide for the development, maintenance, and improvements so as to enhance and protect the value, desirability and attractiveness of certain real property within the tract of property described as follows:

Burning Tree, an Addition to the City of Tulsa, Tulsa County, State of Oklahoma, specifically described as:

The Northwest Quarter (NW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian;

The Northwest Quarter (NW/4) of the Southeast Quarter (SE/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian; and

The East Half (E/2) of the East Half (E/2) of the East Half  (E/2) of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian, in the City of Tulsa, County of Tulsa, State of Oklahoma

Note that the Articles of Incorporation do not show that Burning Tree One, Burning Tree Plaza, Burning Tree East, or Burning Tree West are tied in either.

· According to the Secretary of State, all subdivisions were filed as separate entities, not tied to the Burning Tree Master Association . There has been no merger or consolidation of the Burning Tree Master Association  with any subdivision, as would first be required by the Articles of Incorporation according to Article VIII,  in order to tie the two together together.

DID YOU ALSO KNOW:
· According to court documents, in the 1980s, homeowners successfully won their case against a past President of the Burning Tree Master Association who was required by the court to pay a large settlement for those actions.

· Even if Burning Tree Master Association  had ever had a legal right to assess homeowners in any of the subdivisions, the homeowners were never allowed to vote on any assessments. Yet, the Burning Tree Master Association  assessed and liened homeowners based on whatever amount the Burning Tree Master Association  board of directors wily-nily  set  the amount to be, while their own Burning Tree Master Association  by-laws do not even allow the board of directors to do this.