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PLEASE do not post my e-mail or name. I have been reading this and enjoying how you all are getting the truth out to homeowners. I thought you might want to post this as I condensed down what all I have been reading here.
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SECRETARY OF STATE'S OFFICE FINDS NO DOCUMENTS TYING ANY SUBDIVISION TO BURNING TREE MASTER ASSOCIATION
The office for the Oklahoma Secretary of State confirmed that the filed documents do not show that any Burning Tree is connected to Burning Tree Master Association in any way.
It is true that homeowners are required to pay assessments for actual repair, upkeep and maintenance of the common lands and facilities but only for what land and facilities their subdivision owns. HOWEVER, none of the subdivisions own anything, nada, nothing, zilch.
WITH THE SUBDIVISIONS HAVING NO FACILITIES AND OWNING NO LAND HOMEOWNERS CANNOT LAWFULLY BE ASSESSED BY ANY ENTITY! TO DO SO WOULD BE AN ATTEMPT TO VIOLATE THE COVENANTS AND THE ONE (S) DOING SO CAN BE PROSECUTED BY THE HOMEOWNER
Thus, it is clearly a violation of the covenants to assess Burning Tree Area homeowners. The Certificate of Dedication (where the Covenant is found) states that it is lawful to prosecute any person attempting to violate the covenants and to secure damages.This would include the Burning Tree Master Association Board of Directors!!
BURNING TREE SOUTH BOARD OF DIRECTORS UNDERSTOOD THE COVENANTS AND VOTED TO NOT ASSESS HOMEOWNERS
Hence, board members assessing for anything other than what is stated in H (d) of the Certificate of Dedication would be putting themselves in jeopardy. Based on this fact, the current Burning Tree South board wisely voted for $0 assessments, in order to protect current and future board members, from prosecution.
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BE SURE TO READ ALL COMMENTS!
Much confusion has been brought as one homeowner continues to express his serious lack of understanding as to why the BTMA Articles of Incorporation include legal descriptions. It only identifies the location of the land the BTMA owns. The legal description of where the BTMA owns property does not tie the subdivision into being forced to pay money to the BTMA.)
ReplyDeleteNext time a confused person bleats out "Its in the legals" simply ask the question "Where are the documents that give the BTMA any authority to assess homeowners?" Most likely the confused person will answer again that "it is in the legals". This time very calmly, so as not to further upset them in their highly agitated state, simply have the person show you the paragraph in the document they are referring to. This will give you the opportunity to help them learn by slowly explaining to him each and every time he forgets and starts up with it. With much patience on your part, hopefully, over time, eventually he might be able to understand.
It cut me off....That last sentence said
DeleteWith much patience on your part, hopefully, over time, eventually he might be able to understand.
Well I think it is real simple:
ReplyDeleteBurning Tree Developer failed to receive final approval from Tulsa Metropolitan Area Planning Commission to include Burning Tree South in the Planned Unit Development (PUD). However the developer (who was later sued by Burning Tree homeowners for other problems) did not correct the legal documents to reflect that. Thus, incorrect information continues to confuse homeowners even today.
Covenants clearly state that any assessments are to be only actual repair, upkeep and maintenance of the facilities and land that the developer had shown on original plans were to be in your subdivision. Oklahoma Secretary of State's office, as well as INCOG finds no documents tying ANY subdivision to Burning Tree Master Association. Surveyor hired who also finds Burning Tree South is NOT in the Planned Unit Development. H Hence, with no subdivisions having recreational facilities or owning land homeowners cannot lawfully be assessed by any entity--especially Burning Tree Master Association since there has NEVER been anything tying the subdivisions to the Burning Tree Master Association. Even if there were recreational facilities and land in each subdivision for the homeowners to be responsible for Oklahoma State law shows the corporations that were formed did not meet the required criteria to allow them to have mandatory assessments! (Those who formed the corporation could have still had one legally if they had gotten 100% of homeowners to sign agreeing to mandatory assessments. Tulsa County does not show that was done.
Important for all homeowners to note: according to the covenants if anyone attempts to violate the covenants, can be prosecuted.
An assessment letter sent out is an attempt to violate the Covenants and the one(s) doing so can be prosecuted. Burning Tree South Board of Directors who understood the Covenants wisely voted to not assess homeowners.
This takes away nothing from homeowners who wish to purchase an associate membership to use the Burning Tree Master Association pool.
I am not a homeowner there but wanted to make sure you all knew that the Tulsa World is aware of this story. (Maybe when one of the old-timers ran down to INCOG and Tulsa County trying to see if you had your facts straight?
DeleteCongratulations on an exemplary job of putting your facts together in a nice neat package for all your homeowners to easily understand.
HEADS UP: Newspapers usually wait to write a story when someone takes it to court.