UPDATED INFORMATION! URGENT FOR ALL HOMEOWNERS TO READ

The March 15, 2012 deadline for complying with the new ADA Standards,  is getting a lot of attention due to  confusion about what the new law requires for an HOA to be in compliance. 

The Burning Tree Master Association Board of Directors must ensure that the facilities can be opened in May 2012, so they are not fined and they try to pass on their fines  to everyone in the form of special assessments.

BUT WASN'T THE ADA MANDATE  SET ASIDE AND WE DON'T HAVE TO DO ANYTHING? THAT IS WHAT WE ARE TOLD BY THE BTMA.

Although the pool lift grace period was extended only for the pool lifts the grace period for all the rest of the ADA requirements for compliance was  over on March 15, 2012. By the Burning Tree Master Association's failure to comply Burning Tree Master has set us up for heavy fines. (And guess who the board of directors will look to to pay them!  Get ready for special assessments.)

Failure to meet ADA standards can result in fines and lawsuits. The DOJ has stated that there will be significant  DOJ enforcement actions for owners and operators of HOA pools that do not comply with the DOJ's mandatory requirements.  Having a "plan in place" without compliance is not enough  In order to use that position as their claim for ignoring the mandate the HOA must "defend that position" as the DOJ will require proof positive that they did not have the funds,  according to the DOJ.

PROTECTION FOR THOSE WHO REPORT VIOLATIONS

DOJ Protection against any type of retaliation for reporting discriminatory non-compliance

UPDATED!! SEE THE ARCHITECTURAL BARRIERS ACT WHICH IS NOT THE SAME AS THE 2010 Standards ADA MANDATE FROM THE DOJ.

• Did the 2008-2009 BTMA Board of Directors meet an earlier 2008 federal mandate or will you, as a homeowner now be stuck paying fines (i.e special assessments) if they failed to do so?   Read about the mandatory requirement from 2008, which is not part of the latest mandate. 
• Will our pool be able to open this year? 
• Did the 2010-2011 board of directors do all that was required to make sure the pool can open in 2012? Go here   
• Meeting calendar  We homeowners never hear  from the BTMA board  what is going on.  Why do they refuse to publish what is discussed instead of a one sentence blip, what was voted on, how the board members voted and what the decision was? (Did you know that under the Oklahoma Corporations Act this is required to be in the meeting notes.)

PLEASE READ

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