Recently a letter was sent by the Burning Tree Master Association board of directors to homeowners which states that homeowners are "covenant obligated" to pay assessments. It was also stated by a director that since the Secretary of State did not show the corporations were tied together that it is within the Certificate/Deed of Dedication that one will find if the HOAs were "approved by declarant".
It is within the Certificate/Deed of Dedication where one will find if the HOA was "approved by declarant". That being said, all attorneys for homeowners who have read the documents, including an attorney who lives in Burning Tree have seen that:
- Covenants for Burning Tree One/Two and Burning Tree South do not give ANY authority to the Burning Tree Master Association.
- While Covenants for Burning Tree East, Burning Tree West, and Burning Tree Plaza do give the Master Association the authority to assess only the Burning Tree Plaza HOA is shown to be a member.
- The BTMA Articles of Incorporation states that the MEMBERS are the area associations that have been approved by declarant: Every Burning Tree Area Owners Association approved by the Declarant shall be a member of this corporation. (It does not say it is homeowners who are. Each subdivision has their own incorporated homeowners association, except for one small area in Burning Tree East that never was set up.) Yet, it looks like those lots with houses have been assessed and some even liened!
Thus, only three areas (Burning Tree East, Burning Tree Plaza, and Burning Tree West) can be lawfully assessed and of those three, only the Burning Tree Plaza Association shows to be a member of the Burning Tree Master Association.
Further, the covenants state that every lot owner has an EASEMENT to use the facilities in their own subdivision and of the Burning Tree Master Association as long as they abide by the rules and regulations.
What are the rules and regulations that one must abide by to use the Burning Tree Master Association facilities? According to the Burning Tree Master Association 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. (The apartments and duplexes are part of Burning Tree and have the same easement to use the facilities. )
Only members can vote, right? So anyone who votes (proxy or not) and is not a member would be doing so unlawfully. What happens at the meeting on Monday night will be recorded by several homeowners to verify for the court that the minutes match what is recorded.
The developer filed the documents as you read them today....Again, the covenants do not, and never have, given the Burning Tree Master Association any right to assess in Burning Tree South or Burning Tree (" One") subdivisions. In fact, Burning Tree South never needed a petition to try to get away from Burning Tree Master Association!
Burning Tree Master Association's own Articles of Incorporation state that the members are the owners association, not the lot owners, no matter how much the Burning Tree Master Association board of directors tries to spin it. Further, several homeowners are in possession of a letter written by a former President of the Burning Tree Master Association who was an attorney and who stated that the homeowners are not the members. The covenants do state that anyone owning a lot can prosecute at law anyone who attempts to violate or has violated the covenants.
Please get out your covenants and read them for yourself! If you do not have a copy or if yours are too small to read: TeShauna purchased the maps of all subdivisions and the deed/certificate of dedication from Tulsa County (and has had them blown up). You are welcome to look at them to read it for yourself.
Click on these links to the attorneys Thomas Affeldt and Scott Byrd (with different law firms) to read their letters regarding Burning Tree Master Association putting on liens without authority to do so.
Burning Tree Plaza Certificate/Deed of Dedication is the only one that states that the HOA is a member....even though Burning Tree West and Burning Tree East can also be assessed.
Please read: http://neighbordialogue.blogspot.com/2012/04/dear-burning-tree-resident-on-march-26.html
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