Assessments. Three important things every homeowner in Burning Tree Area needs to know:

ASSESSMENTS

1. Covenants for all subdivisions state that homeowners can be assessed only for actual repair, upkeep and maintenance for common grounds and facilities within their own subdivision. However, not only do the subdivisions not have common grounds or facilities (according to the Tulsa County assessors office!) but even if they did, then how in the world can one be assessed for the "actual" cost?  Thus, as no subdivision owns any common grounds or facilities  there can be no mandatory assessment.  Not one of the law  firms have been able to find any authority that the BTMA has to to assess homeowners. Attorneys have sent letters to the BTMA President asking for this information but have been ignored. While refusing to provide any documentation to prove that Burning Tree Master Association (BTMA)can assess homeowners certain BTMA directors plan to continuing to assess homeowners without proving they have any authority! 
2. The  Burning Tree Master Association (BTMA) Articles of Incorporation, filed with the State of Oklahoma,  state very simply that the BTMA association was formed for the specific purposes to provide for the development, maintenance, and improvements so as to enhance and protect the value, desirability and attractiveness of certain real property described as follows (and then in the document it shows the legal description of where the BTMA owns land).
3. Legal counsel has advised that the legal descriptions, in the BTMA Articles of Incorporation, are simply to show the location of the land owned by the BTMA.  No attorney has interpreted it to mean that by showing where the BTMA owns land that it somehow ties the subdivisions in those three areas to BTMA nor that it gives the BTMA authority to assess any homeowner or any subdivision.  


(NOTE: Additionally, the Oklahoma Secretary of State's office has advised that no subdivision is--or ever was--tied to Burning Tree Master Association,  based on the way those who formed the corporations for the subdivisions filed the documents). All subdivisions were filed as separate entities, not tied to the BTMA. There has been no merger or consolidation of the BTMA with BTS, as would first be required by the Articles of Incorporation according to Article VIII,  in order to tie the two together together. 

 

Even if BTMA had ever had a legal right to assess homeowners,  homeowners have never were never allowed to vote on assessments. Yet, the BTMA board of directors wily-nily assessed and liened homeowners based on whatever amount the board of directors decided homeowners must pay them.  BTMA by-laws absolutely don't  allow the board of directors to do this. (And GUESS WHAT---the BTMA board is actually  planning to do this all again!)

Doing something that is wrong can make each of the directors financially liable: By-laws: ARTICLE VII 3. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the board.  

 

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