Sheds

UNBELIEVEABLY, THE BTMA IS ASKING YOU WHAT YOU THINK ABOUT AN AMENDMENT FOR OUTBUILDINGS/SHEDS

First of all, most of us  do not care if someone has a shed or not....but since  the BTMA only has Articles of Incorporation and By-Laws, exactly which one of the BTMA Articles of Incorporation and By-Laws  is the BTMA board trying to amend? There has been no merger of any of the owners associations with Burning Tree Master Association and even if there were, covenants run with the land, not with the corporation.


MINUTES FROM 2009
Minutes in 2009 show that Julie Lindquist (current Burning Tree Master Association board president) was on the board  . It was noted in the minutes that when a homeowner took Burning Tree Master Association to court 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 BTMA has no authority over the covenants.  How many years has Julie been on the board now? 

Apparently the Burning Tree Master Association Board of Directors still doesn't understand that you can't merge covenants by a vote anyway. Why? Because the covenants are found in the Certificate of Dedication and (everyone, say it again) "run with the land". The covenants were in place before the owners association. That authority cannot be taken from the HOA and given  to any corporation that decides they are going to try to run over homeowners and make changes.

Burning Tree Master Association does not have (and never has had) any covenants. The covenants are within the subdivisions  owners associations.   To make an amendment each of the covenants require that you have a written instrument filed at the courthouse with a majority of homeowners signatures agreeing to it.  Thus, there will be an amendment filed for  each subdivision. Someone from each area will need to go around to each one subdivision and collect them. It CANNOT be done by a vote of the BTMA.


WHAT RESTRICTS SUBDIVISIONS FROM HAVING OUTBUILDINGS?
The covenant (found in the Certificate/Deed of Dedication for your subdivision) is what restricts your lot to "one structure per lot". The only way sheds can be allowed is by a change to the covenants (i.e. petition done by each subdivision for their own area.)  Burning Tree Master Association does not have the authority to amend  covenants.

TO CHANGE THE COVENANTS TO ALLOW SHEDS
Covenants can be changed by each subdivision getting a written instrument signed by a majority of the homeowners in that subdivision agreeing to it and and then filing it at the courthouse!  Most homeowners do not care whether sheds are allowed or not, as long as it is done correctly (legally). What homeowners do care about is how the Burning Tree Master Association board continues to overstep legal boundaries to get into our business!


WHAT CAN HAPPEN TO ANYONE WHO VIOLATES (OR ATTEMPTS TO VIOLATE) THE COVENANTS
The Burning Tree Master Association board is NOT an HOA. They cannot tamper with covenants and a vote taken by the Burning Tree Master Association board to attempt to do anything with a subdivisions covenants would be unlawful.  Burning Tree Master Association board of of directors attempt to change covenants  is a clear violation addressed in the covenants and anyone who attempts to or does violate them, can be prosecuted.
 

BURNING TREE MASTER ASSOCIATION BOARD OF DIRECTORS SHOULD REDIRECT THEIR EFFORTS TO SOMETHING THEY CAN LEGALLY DO
Since the board of directors  are so concerned about covenants then why are they not looking within their own subdivision to tackle those sheds, boats, RVs and unleashed dogs that are violating the covenants and Tulsa codes.  Call the Mayors Action line to report violations. 918 596-2100   (If the dogs are tearing around unleashed, please use the video on our iphone to capture the characters who are violating the law. It is great evidence and unleashed dogs can and should be reported by anyone who sees it happening.) 


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