Burning Tree East (UPDATED)

BURNING TREE EAST IS A SEPARATE (STAND-ALONE) CORPORATION FROM  BURNING TREE MASTER ASSOCIATION

Attorney Frank Spiegelberg while on the board as BTMA president for many years,sent out a letter,  stating that it is subassociations that are members, not homeowners.

Had Burning Tree AREA #5 or AREA #6  been set up as  subassociations they would first have to be "approved by declarant" (as required by the Article V of the BTMA Articles of Incorporation). However, this was not done. Instead of approving and then amending BURNING TREE MASTER ASSOCIATION, INC. Articles of Incorporation   2100288651  to add BURNING TREE AREA 5 and BURNING TREE AREA 6 to the BTMA Articles of Incorporation which would have tied BTE to the BTMA  Area 5  was set up and filed as a separate corporation BURNING TREE AREA #5 ASSOCIATION, INC.   2100348799. (Area 6 was not set up as a subassociation or a stand alone, either one.)


You may obtain copies of the  Articles of Incorporation for  both  Burning Tree Area 5 Association and Burning Tree Master Association from the Oklahoma Secretary of State. Since they are separate corporations you will be required to pay for both sets. (If Burning Tree Area 5 was  a subassociation under Burning Tree Master Association you would only need to purchase one document.)



Burning Tree East is not a "sub-association" under Burning Tree Master Association or any other corporation, according to the Secretary of State's office. Here you can see that they are two distinct corporations:

• BURNING TREE AREA #5 ASSOCIATION, INC.   2100348799 
  
• BURNING TREE MASTER ASSOCIATION, INC.    2100288651

FOREWARNED IS FOREARMED!
Do not let the Burning Tree Master Association career board members (and their spouse try to confuse you. Call the Secretary of State 405 521-4211 and see for yourself. We all have called and confirmed it for ourselves! 

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 OKLAHOMA STATUTES  ARE VERY SPECIFIC REGARDING REQUIREMENTS THAT MUST FIRST BE MET IN ORDER TO FORM A MANDATORY HOMEOWNERS ASSOCIATION. BURNING TREE ONE DID NOT MEET THE REQUIREMENTS:

An “owners association” may be formed by the owner or owners of real estate development for the purpose of:

• Providing management, maintenance, preservation and control of commonly owned areas or any portion of or interest in them, (Burning Tree East owns no common areas, according to Tulsa County. The pool and the land do not belong to Burning Tree East or, in fact,  to any subdivision! It is all owned solely by Burning Tree Master Association)

 and/or

• Enforcing all mutual, common or reciprocal interests in or restrictions upon all or portions of such separately owned lots, parcels, or areas, or both. However, the Covenants filed for Burning Tree East, have never allowed any  board of directors to enforce anything. They were written so enforcement is left up to the individual lot owner to handle, if one has a problem with a neighbor.) The following, taken from the Burning Tree East Covenants shows that it was written so enforcing restrictions is left up to the lot owner--every  man for himself!
  

Taken from Burning Tree East  Covenants shows if ANYONE attempts to violate the covenants---yes, especially BTMA directors who send assessment letters you have the right to take them to court!! If the parties hereto or any of them or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or person owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violation or attempting to violate any such covenants and either prevent him or them from so doing or secure damages or other dues for such violations. WOO-HOO!!!!!
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According to the Oklahoma statutes  those who form an HOA are required to file a document  at Tulsa County  prior to the forming of a HOA, with signatures of all lot owners in the subdivision at that time, agreeing to a mandatory HOA.  Burning Tree East did not meet the requirements in the Oklahoma Statute for forming the HOA. Why? Because Burning Tree East does NOT own any land. The land in East is owned by the Burning Tree Master Association not by Burning Tree East! Also Burning Tree Easts Covenants do not allow anyone to enforce the covenants but the homeowners....so what is the use of having an HOA for Burning Tree East, anyway?  

And it gets better....

That same statue  that states that you have certain requirements to have an HOA wa was amended in 1986 to require that  lot owners, who purchased after the HOA was formed, must be informed in writing when the lot owner accepted the deed (i.e. at closing) that there was an HOA. The lot owner was to be given the governing documents---and no,  the title company just putting  the information inside of an Abstract that the mortgage company hangs on to until the property is paid is not the same thing as informing the lot owner in writing.
Oklahoma statute  (paragraph C) states:
No lien may be placed or mortgage foreclosed unless the homeowner was informed in writing upon joining the owners association of the existence and content of the owners association restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association.
Where is the proof that you, as a lot owner, were ever informed in writing at the time you accepted the deed (i.e bought the property)? Can Burning Tree Master Association produce any document  that you were informed in writing and did, in fact, receive CC&Rs along with the other information as proof?  This would be simple enough as the title companies have ALWAYS asked Burning Tree Master Association  if there is anything owed on the lot for assessments as they prepare  for the closing. Burning Tree Master Association was quick to give an answer and collect assessments...but wait.....let's not forget that there is another more important reason that the Burning Tree Master Association has no authority to collect any money from homeowners, since the subdivisions are not even tied to the Burning Tree Master Association, according to the Secretary of State.



Burning Tree Master Association By-Laws state that the Declarant was to approve the Area Homeowners Associations. (This seems to be the only place it was ever mentioned what might possibly tie Burning Tree One to the Burning Tree Master Association. However, according to the office of the Secretary of State, the fact is that the Burning Tree Master Association Articles of Inc. were never amended to add any of the subdivisions corporations as approved!!




BURNING TREE AREA #5 ASSOCIATION, INC. (Burning Tree East)  is a stand alone corporation completely on its own.   It is important to read the documents instead of blindly following along believing everything Burning Tree Master Association states.  Burning Tree One subdivision has its own by-laws and we can vote in our own directors and officers, just like all the other subdivisions can. We are NOT connected to The Burning Tree Master Association and we do not have to bow down to anyone!. 

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Note that there are duplexes in the Burning Tree East Covenants   The duplexes a* would be required to pay HOA dues, if other property owners have been required to do so. To not assess the apartments and duplexes would be  a form of discrimination,  just as it is discrimination to force homeowners to pay to take up the slack for the  duplex owners who would not be asked to pay!  (However, it is important to remember that Burning Tree East cannot legally assess anyone). This is because our covenants state that we can only be assessed for ACTUAL repairs, upkeep and maintenance to the facilities and grounds owned by Burning Tree One. We have NONE! Anyone (board of directors)  who does assess, or attempts to assess is violating our covenants and can, and should be, taken to court.


Further, the Burning Tree Master Association cannot simply change their  by-laws to exclude duplexes and apartments  (as Burning Tree Master Association board of directors has actually claimed!!)   References to the duplexes and apartments are contained within a subdivisions covenants, which Burning Tree Master Association has no authority whatsoever to touch.


Click to read a response to board

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