Assessment questions

At one meeting the Burning Tree Master Association board said "their attorney" told them they had to assess everyone for them to be covered. 


First of all,  that is NOT the BTMA's attorney. That attorney is paid by the insurance company to protect the insurance company against acts of the BTMA board! For some reason, the BTMA likes to call her "their attorney". ROFLMFAO!  (The insurance is paid for with your assessments, even though they were only supposed to be bonded, according to the by-laws. When the records are obtained everyone will learn if an amendment was made lawfully to allow them to change it from a bond to the very expensive D&O insurance.) 

1. Did the BTMA assess all lot owners? First, are they  REALLY sure and second, why would would they do that when the only thing BTS and BTO have is an EASEMENT to use the facilities.   (Burning Tree South homeowners attorneys Thomas Affeldt   Scott Byrd , with different law firms,  letters regarding putting on liens without authority to do so can be viewed by clicking on those links.)
2. Did the BTMA give the Covenants along with ALL the Articles of Incorporation from all areas to "their attorney" so the attorney had a true picture of how they were different? 

A certain board member actually stood there and claimed that the BTMA has the right to assess lot owners whose subdivision incorporated their Area Association. He also stated that lot owners aren't assessed if they are not in an incorporated Area Association.  (That is VERY important to remember and yes, he was recorded.) The BTMA did, in fact, put liens on lot owners in the Burning Tree East Area 6, and that is certainly NOT incorporated. Go back and read the attorneys letters above.


Is "their attorney" aware that the BTMA failed to assess Burning Tree Area #2 at all and also the duplexes although the apartments and duplexes are in incorporated Area Owners Associations?  Yes,  it was incorporated in 1980 and Dennis Phillips is the registered agent! 

 
So, why aren't the Articles of Incorporation for Burning Tree Area #2 on line? And where are the Burning Tree Area #4 by-laws on the BTMA website? Are they  admitting that they FINALLY get it?



But even better and contrary to what that certain confused BTMA officer stated, It is only the OWNERS ASSOCIATION in your subdivision that has the legal right to assess/lien lot owners (NOT THE BTMA). Further,  the subdivisions association  can only assess for ACTUAL repair, upkeep and maintenance of the facilities and land in the subdivision.


   When a homeowner took Burning Tree Master Association to court in 2009 it was determined that covenants "run with the land".  BTMA has no authority over the covenants. The covenants authority  belong to the HOA and the BTMA is NOT an HOA. They cannot change it to make it fit them. Minutes from 2009 show that Julie Lindquist (current Burning Tree Master Association board president) was on the board at the time of the incident  

The covenants are very clear on what can happen to anyone who violates or attempts to violate the covenants.