Why is that?
The developer failed to declare any subdivisions as members (as the Burning Tree Master Association Articles of Incorporation state would have had to be done to make any subdivision part of the Burning Tree Master Association). The Secretary of States office said the developer never amended the Burning Tree Master Association Article of Incorporation to make them members.
What does that mean?
Since the developer failed to do so, the subdivisions and the homeowners within them are not part of the Burning Tree Master Association! (A recent Burning Tree Master Association president was surprised to learn from the Secretary of State's office that no subdivision is tied to the Burning Tree Master Association. She had called there for something else and the office of the Secretary of State informed her that she was wrong in thinking that the subdivisions were tied in to the Burning Tree Master Association)
Homeowners and subdivisions are not members of the Burning Tree Master Association simply because they have Burning Tree in the name of the subdivision! (Just as my maiden name might be King but I am not tied to any royal family.)
Burning Tree Master Association board of directors have no authority to demand homeowners pay assessments. Certain clueless board members are "setting up" both Burning Tree Master Association and themselves with their plan to assess homeowners. (Attorneys for two of the groups of homeowners trying to get the truth out to all homeowners have advised that if the board does put any liens on any property when the homeowners do NOT owe it (this is called slander of title) the board members are setting themselves up personally along with the Burning Tree Master Association. The attorneys reminded the board of directors that in Oklahoma that can mean treble damages. Treble damages means TRIPLE the amount!!
Have you hear the latest brilliant idea of the Burning Tree Master Association board of directors? They are actually planning to come come around and ask you if you want to pay assessments in two tiers. HELLLLLLLOOOOO? Why would any homeowner want to throw money that they do not owe?
LET THE BURNING TREE MASTER ASSOCIATION BOARD OF DIRECTORS KNOW THAT YOU AREN'T STUPID AND YOU KNOW THE FACTS: You don't owe it. You are certainly welcome to get out your checkbook and write a check for whatever amount you wish to give....but you do not have to. (Attorneys have told homeowners to have Burning Tree Master Association board of directors show you by what authority they are assessing. If they say, "It is in the legals" as Richard Coffey --who is no longer on the board--keeps chanting at meetings, then you might remind them that the legal description found in the Burning Tree Master Association Articles of Incorporation shows simply where the Burning Tree Master Association owns land. Period! It is very sad that some have never been able to comprehend that simple fact.
* TeShauna Conrad, while Burning Tree Master Association President was shocked when informed by the office of the Oklahoma Secretary of State that none of the subdivisions were tied to the Burning Tree Master Association (or had ever been) due to the way the paperwork was filed. Thus Burning Tree Master Association had no authority to demand or collect money from homeowners and certainly not to lien anyone.
When the attorneys read the legal paperwork they agreed with the Secretary of State that none of the subdivisions were ever tied to Burning Tree Master Association. This means not only that Burning Tree Master Association has never had any authority to assess or threaten homeowners they also could not come to the subdivisions HOA and demand it. A majority of Burning Tree South took a stand for what was right after reading the documents and simply filed the information with Tulsa County. (Burning Tree Master Association board of directors continue to holler that Burning Tree South filed a petition to "pull away". Burning Tree South did not pull away; they didn't have to. Like all the other subdivisions Burning Tree South is simply not and never was, tied to the Burning Tree Master Association.
We know of two other subdivisions working on their petitions. This seems to be the only way some of the Burning Tree Master Association board of directors will "get it".
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- If there are no members of the Burning Tree Master Association ....the Burning Tree Master Association board of directors has no one (nor any entity) to assess.
- Since it isn't homeowners or subdivisions* who are members doesn't that leave only associate members to be the members?
- And with no other members wouldn't all memberships have to be Associate Memberships?(Most of us do not need one as we do not go to that old pool as there is a much nicer pool at Sungate, across Memorial if we ever wanted to go so will not be buying a membership.)
Sounds to me like if there are only associate members then the Burning Tree Master Association pool would not be a private pool, but a public pool. Selling memberships or letting in guests makes it a public pool so maybe the Burning Tree Master Association board of directors think they need lifeguards. Workman compensation, taxes prepared for employees, etc. is a chunk of the money that will be blown through again this year.
And, further, since it can't be a private pool the Burning Tree Master Association board of directors must comply with the ADA rules that require lifts to be installed.
By the way, where are the Burning Tree Master Association board of directors going to get all of this money to pay for everything? This is on top of this deficit they claim they have had going on for several years, even before Burning Tree South homeowners wised up....special assessments from the few remaining homeowners who do not know their rights when they get the assessment letter in the mail from the Burning Tree Master Association board of directors.
And if the Burning Tree Master Association board of directors fails to comply, when they get the fine who do you think the Burning Tree Master Association board of directors will try to demand money from to pay for their willful wrong?
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