WHAT HAPPENED WITH BURNING TREE SOUTH?

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OK. I finally got it. 

It makes total sense now that one of the attorneys explained it to us. Please feel free to put this on your blog. Maybe sharing it will help others see that it is all very simple.

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NAT HENSHAW CHANGED PLAN FOR BURNING TREE PLANNED UNIT DEVELOPMENT  112. TULSA METROPOLITAN AREA PLANNING COMMISSION  REQUIRED STIPULATED CONDITIONS BE MET BEFORE FINAL APPROVAL

In 1971, Nat Henshaw, the developer filed with the Tulsa Metropolitan Area Planning Commission (TMAPC) to establish Planned Unit Development (PUD) 112. This PUD was to include only apartments, a church, and office parks. Mr Henshaw wanted to add residential to his PUD. TMAPC required 10 conditions (and later on, 18 conditions) be met before Burning Tree South could be included in the PUD. Stipulated conditions included that the land that had been deeded from Burning Tree South to the Burning Tree Master Association(BTMA) be excluded. (It is important to note that by Mr. Henshaw deeded out the land prior to any building in Burning Tree South Addition has never owned any property.) Approval by the TMAPC Legal Department regarding wording in the Deed of Dedication and Covenants, was another condition to be met to receive final approval. 

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HENSHAW, FAILING TO MEET THE STIPULATED CONDITIONS,  DID NOT RECEIVE APPROVAL FOR  BURNING TREE SOUTH TO BE INCLUDED IN THE BURNING TREE PLANNED UNIT DEVELOPMENT (PUD 112). MR. HENSHAW ALSO FAILED TO CORRECT THE CERTIFICATE OF DEDICATION.

However, even though Mr. Henshaw failed to meet the stipulated requirements to receive final approval from TMAPC he never corrected the Certificate of Dedication. The Certificate of Dedication stated incorrectly that Burning Tree South was a part of PUD 112 and that Burning Tree Area #4 Association would be formed for the purpose of maintaining two lots in Burning Tree South. Yet, those lots were owned by Burning  Tree Master Association, of which Burning Tree South Addition is not a part. 

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SURVEYOR CONFIRMS BURNING TREE SOUTH IS NOT PART OF THE BURNING TREE PLANNED UNIT DEVELOPMENT.
In addition to Tulsa Metropolitan Area Planning Commission finding no records  Burning Tree South subdivision was approved to be part PUD 112 under the Burning Tree Master Association, a surveyor has confirmed that Burning Tree South is not in the Burning Tree  Planned Unit Development (PUD) 112.

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OKLAHOMA SECRETARY OF STATES OFFICE CONFIRMS BURNING TREE SOUTH IS NOT TIED IN TO BURNING TREE MASTER ASSOCIATION 
The office of the Oklahoma Secretary of State has confirmed that Burning Tree South is not tied to the Burning Tree Master Association, based on how the Articles of Incorporation are written and were filed! 

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HOMEOWNERS ARE REQUIRED TO PAY ASSESSMENTS ONLY FOR ACTUAL REPAIR, MAINTENANCE AND UPKEEP OF THE COMMON AREAS --BUT BURNING TREE AREA #4 INC OWNS NOTHING.
The Certificate of Dedication states that by "acceptance of deed" (purchasing your home) in Burning Tree South you agreed to pay assessments for the ACTUAL maintenance, repair and upkeep of the common areas of the Burning Tree Area #4 Association, Inc. (However, there are no common areas owned by Burning Tree Area #4 Association, Inc. or Burning Tree South addition nor have there ever been.)

The Tulsa County Assessor shows that Burning Tree South Addition and/or Burning Tree Area # 4 owns NO land and NO facilities. Thus, it is unlawful to assess Burning Tree South homeowners for actual repairs, upkeep and maintenance when there is nothing owned and thus nothing to be repaired or maintained.


Numerous problems have resulted from the developer failing to correct the Certificate of Dedication, after he deeded away the land, before he ever sold any lots.

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ASSESSING BURNING TREE SOUTH HOMEOWNERS IS UNLAWFUL!
The Certificate of Dedication clearly states that an attempt by ANYONE, to force homeowners to pay for something other than maintenance, repair and upkeep of the common areas that belong to the Association for Burning Tree South is a violation of the Covenant.

NOTE: All attorneys representing homeowners have advised that because this document is about Burning Tree Area #4 Association, Inc. any mention within it of “the Association” refers to Burning Tree Area #4 Association, Inc.   As previously stated, the land mentioned in the Certificate of dedication, that was to be the basis for forming Burning Tree Area #4 Corporation, was deeded out in February 1977. This was before any homes were built in Burning Tree South and before there was a Burning Tree Area #4 Corporation.

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WHAT CAN HAPPEN TO ANYONE WHO VIOLATES THE COVENANTS       
BY ASSESSING HOMEOWNERS UNLAWFULLY?

#2, paragraph 2 of the Certificate of Dedication states that if anyone attempts to violate any of the covenants, it is lawful for any  person owning property in the subdivision to prosecute the person attempting to violate them and to secure damages.



Thus, board members assessing for anything other than what is stated in H (d) of the Certificate of Dedication would be putting themselves in jeopardy. Based on this fact the current board voted for $0 assessments, to protect current and future board members, from prosecution.

Tulsa, OK

Assessments. Three important things every homeowner in Burning Tree Area needs to know:

ASSESSMENTS

1. Covenants for all subdivisions state that homeowners can be assessed only for actual repair, upkeep and maintenance for common grounds and facilities within their own subdivision. However, not only do the subdivisions not have common grounds or facilities (according to the Tulsa County assessors office!) but even if they did, then how in the world can one be assessed for the "actual" cost?  Thus, as no subdivision owns any common grounds or facilities  there can be no mandatory assessment.  Not one of the law  firms have been able to find any authority that the BTMA has to to assess homeowners. Attorneys have sent letters to the BTMA President asking for this information but have been ignored. While refusing to provide any documentation to prove that Burning Tree Master Association (BTMA)can assess homeowners certain BTMA directors plan to continuing to assess homeowners without proving they have any authority! 
2. The  Burning Tree Master Association (BTMA) Articles of Incorporation, filed with the State of Oklahoma,  state very simply that the BTMA association was formed for the specific purposes to provide for the development, maintenance, and improvements so as to enhance and protect the value, desirability and attractiveness of certain real property described as follows (and then in the document it shows the legal description of where the BTMA owns land).
3. Legal counsel has advised that the legal descriptions, in the BTMA Articles of Incorporation, are simply to show the location of the land owned by the BTMA.  No attorney has interpreted it to mean that by showing where the BTMA owns land that it somehow ties the subdivisions in those three areas to BTMA nor that it gives the BTMA authority to assess any homeowner or any subdivision.  


(NOTE: Additionally, the Oklahoma Secretary of State's office has advised that no subdivision is--or ever was--tied to Burning Tree Master Association,  based on the way those who formed the corporations for the subdivisions filed the documents). All subdivisions were filed as separate entities, not tied to the BTMA. There has been no merger or consolidation of the BTMA with BTS, as would first be required by the Articles of Incorporation according to Article VIII,  in order to tie the two together together. 

 

Even if BTMA had ever had a legal right to assess homeowners,  homeowners have never were never allowed to vote on assessments. Yet, the BTMA board of directors wily-nily assessed and liened homeowners based on whatever amount the board of directors decided homeowners must pay them.  BTMA by-laws absolutely don't  allow the board of directors to do this. (And GUESS WHAT---the BTMA board is actually  planning to do this all again!)

Doing something that is wrong can make each of the directors financially liable: By-laws: ARTICLE VII 3. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the board.  

 

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