Easement

EASEMENT-THE FOLLOWING IS VERY IMPORTANT (READ CAREFULLY)

EASEMENT THAT ALL LOT OWNERS HAVE TO USE THE FACILITIES

The Easement that Burning Tree One and Burning Tree South covenants  provides lot owners to use the BTMA facilities is just that--an easement.  (Those using the BTMA facilities should be charged if they use them! and BTMA's by-laws do state they can charge REASONABLE admission fees when lot owners use it. However, documents show that the BTMA has never had the right to assess all lot owners in order to subsidize those who use them.) 

ALL Lot owners in ALL subdivisions have always had an easement to use the BTMA pool as long as they follow the  rules and regulations 


SO WHAT ARE THE RULES AND REGULATIONS THAT ONE MUST FOLLOW TO TAKE ADVANTAGE OF THE EASEMENT THAT EVERY LOT OWNER HAS? According to the BTMA by-laws rules and regulations govern the use of the common area and facilities, and the personal conduct of the members and their guests therein, and penalties for the infraction thereof.  

They BTMA board has ignored their own by-laws which  allow them to  determine a reasonable admission  fees for the use of any common recreational facilities situated upon the common area;

The BTMA has caused an incredible hardship on numerous people by unlawfully forcing all lot owners to pay them money (under threats) so the BTMA pool is subsidized for those who care to use it. 

1.  ARTICLE IV PROPERTY RIGHTS Each owner shall be entitled to the use and enjoyment of the  facilities and the owner may delegate his rights to members of his family, his tenants or contract purchasers who reside on the property.   (SO WHY HAVE ADULT KIDS AND GRANDKIDS WHO DO NOT LIVE WITH GRANDPARENTS BEEN GOING IN FOR FREE?? ) Each member shall notify the secretary of the corporation in writing of the name of anyone they gave away those rights to. Lot owners, who do not use the pool and those homeowners in Burning Tree South and Burning Tree One who have been unlawfully assessed have been subsidizing Associate members and babysitters.(The BTMA does not even charge babysitters who come in from outside!! Isn't that special?) 
2. Guest passes can be as low as $3 for the entire day! Do the math how much is that per hour?   Read this post: Associate memberships and how you are subsidizing them.
3. Minutes in 2009 show that Julie Lindquist (current Burning Tree Master Association board president) was on the board when a homeowner took Burning Tree Master Association to court. It was noted in the minutes that it was determined that the covenants run with the land and covenants can't be changed by anyone except the  homeowners in that particular subdivision. So Julie knows that covenants run with the land  and she should be aware that lot owners have an EASEMENT to use the facilities. An easement is a right, not an obligation to do something.