Thursday, January 19, 2012

When can the Covenants be changed??

Taken straight from the Covenants:

Burning Tree South... 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.

Burning Tree One:.... after February 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 an instrument in writing signed by the 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.

Burning Tree East:.... after November 1, 1993, the then owners of a majority of all the lots in said Addition may change or vacate these covenants, either whole or in part, which change or vacation shall be evidenced by an instrument in writing signed by the then owners of a majority of all lots in said Addition and duly filed or recorded in the office of the County Clerk of Tulsa, County, Oklahoma.

Burning Tree Plaza ...after November 1, 1993, the then owners of a majority of all the lots in said Addition may change or vacate these covenants, either whole or in part, which change or vacation shall be evidenced by an instrument in writing signed by the then owners of a majority of all lots in said Addition and duly filed or recorded in the office of the County Clerk of Tulsa, County, Oklahoma.

Burning Tree West:.... after November 1, 1993, the then owners of a majority of all the lots in said Addition may change or vacate these covenants, either whole or in part, which change or vacation shall be evidenced by an instrument in writing signed by the then owners of a majority of all lots in said Addition and duly filed or recorded in the office of the County Clerk of Tulsa, County, Oklahoma.


ARE YOU ARE TRYING TO AMEND YOUR COVENANTS TO BE RID OF THE BURNING TREE MASTER ASSOCIATION? THERE IS GOOD NEWS!!


None of these subdivisions are tied to the Burning Tree Master Association! This can be confirmed by a call to:
  • The office of the Secretary of State. (Those who formed the HOAs for the different subdivisions did not make them part of the Master Association, thus they are NOT part of it.)
  • Oklahoma Statues require that there must be land (your subdivision has none) and the covenants are to be enforced by the HOA in order to set up an HOA.The 
  • Tulsa County Assessors office (ask for Land Records) They have advised that the required document to set up an HOA was never filed for any of the HOAs    It would take 100% of the homeowners in each area acknowledging by their signature that they want a mandatory HOA, since they do no have any land and the HOA cannot enforce any covenants.  (After the way money the BTMA took from homeowners has been thrown away with both hands on things that certain ones wanted to blow it on, who, in their right mind would sign???) And yes, one homeowner made copies of the receipts of things that were purchased.
Further, according to both the BTMA Articles of Incorporation and the Burning Tree Master Association By-Laws it is NOT the homeowner who was ever supposed to be the member!!!


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