A Most Important Quote

Quote by Winston Churchill...............


Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.........

Burning Tree Master Association board of directors coming to ask if you want a Two tiered assessment

The D&O attorney (representing the insurance company for some of the wrongful acts the Burning Tree Master Association has done) already explained to the Burning Tree Master Association board of directors that they cannot assess homeowners, as homeowners are not their members.


Why is that?

The developer failed to declare any subdivisions as members (as the Burning Tree Master Association Articles of Incorporation state would have had to be done to make any subdivision part of the Burning Tree Master Association). The Secretary of States office said the developer never amended the Burning Tree Master Association  Article of Incorporation to make them members. 

What does that mean? 
Since the developer failed to do so, the subdivisions and the homeowners within them are not part of the Burning Tree Master Association!    (A recent Burning Tree Master Association president  was surprised to learn from the Secretary of State's office that no subdivision is tied to the Burning Tree Master Association. She had called there for something else and the office of the Secretary of State informed her that she was wrong in thinking that the subdivisions were tied in to the Burning Tree Master Association)

Homeowners and subdivisions are not members of the Burning Tree Master Association simply because they have Burning Tree in the  name of the subdivision! (Just as my maiden name might be King but I am not tied to any royal family.)

Burning Tree Master Association board of directors have no authority to demand homeowners pay assessments.  Certain clueless board members are "setting up" both Burning Tree Master Association and themselves with their plan to assess homeowners. (Attorneys for two of the groups of homeowners trying to get the truth out to all homeowners have advised that if the board does put any liens on any property when the homeowners do NOT owe it (this is called slander of title) the board members are setting themselves up personally along with the Burning Tree Master Association. The attorneys reminded the board of directors that in Oklahoma that can mean treble damages. Treble damages means TRIPLE the amount!!   


Have you hear the latest brilliant idea of the Burning Tree Master Association board of directors? They are actually planning to come come around and ask you if you want to pay assessments in two tiers. HELLLLLLLOOOOO? Why would any homeowner want to throw money that they do not owe?


 LET THE BURNING TREE MASTER ASSOCIATION BOARD OF DIRECTORS KNOW THAT YOU AREN'T STUPID AND YOU KNOW THE FACTS: You don't owe it. You are certainly welcome to get out your checkbook and write a check for whatever amount you wish to give....but you do not have to. (Attorneys have told homeowners to have Burning Tree Master Association board of directors show you by what authority they are assessing. If they say, "It is in the legals" as Richard Coffey --who is no longer on the  board--keeps chanting at meetings, then you might remind them that the legal description found in the Burning Tree Master Association Articles of Incorporation shows simply where the Burning Tree Master Association owns land. Period!  It is very sad that some have never been able to comprehend that simple fact.


 * TeShauna Conrad, while Burning Tree Master Association President was shocked when informed by the office of the Oklahoma Secretary of State that none of the subdivisions  were tied to the  Burning Tree Master Association (or had ever been) due to the way the paperwork was filed. Thus Burning Tree Master Association had no authority to demand or collect money from homeowners and certainly not to lien anyone. 

When the attorneys read the legal paperwork they agreed with the Secretary of State that none of the subdivisions were ever tied to Burning Tree Master Association. This means not only that Burning Tree Master Association has never had  any authority to  assess or threaten homeowners they also could not come to the subdivisions HOA and demand it.  A majority of Burning Tree South took a stand for what was right after reading the documents and simply filed the information with Tulsa County. (Burning Tree Master Association board of directors continue to holler that Burning Tree South filed a petition to "pull away".    Burning Tree South did not pull away; they didn't have to. Like all the other subdivisions Burning Tree South is simply not and never was, tied to the  Burning Tree Master Association.

We know of two other subdivisions working on their petitions. This seems to be the only way some of the  Burning Tree Master Association board of directors will "get it". 


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1. If there are no members of the Burning Tree Master Association ....the Burning Tree Master Association board of directors has no one (nor any entity) to assess.
2. Since it isn't homeowners or subdivisions* who are members doesn't that leave only associate members to be the members?
3. And with no other members wouldn't all memberships have to be Associate Memberships?(Most of us do not need one as we do not go to that old pool as there is a much nicer pool at Sungate, across Memorial if we ever wanted to go so will not be buying a membership.)

Sounds to me like if there are only associate members then the Burning Tree Master Association  pool would not be a private pool, but a public pool. Selling memberships or letting in guests makes it a public pool so maybe the Burning Tree Master Association board of directors think they need lifeguards.  Workman compensation, taxes prepared for employees, etc. is a chunk of the money that will be blown through again this year.
 
And, further, since it can't be a private pool the Burning Tree Master Association board of directors must comply with the ADA rules that require lifts to be installed. 

By the way,  where are the Burning Tree Master Association board of directors going to get all of this money to pay for everything? This is  on top of this deficit they claim they have had going on for several years, even before Burning Tree South homeowners wised up....special assessments from the few remaining homeowners who do not know their rights when they get the assessment letter in the mail from the Burning Tree Master Association board of directors.

And if the Burning Tree Master Association board of directors fails to comply, when they get the fine who do you think the Burning Tree Master Association board of directors will try to demand money from to pay for their willful wrong?

 ~

The right to freedom of the press, guaranteed by the first amendment, allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression.  

 

lots of complaints living in an HOA. What is with that?

Lots of whining has always been done by those who don't even participate in trying to make changes. They don't attend any meetings and then get a one sided opinion from someone on their block and think they know what is going on. Uninformed opinions add little to the discussion or to an understanding of the issues


GIVING BURNING TREE MASTER ASSOCIATION CARTE BLANCHE WITH YOUR MONEY
Not showing up means you assent to the Burning Tree Master Association board  making whatever decisions to "do whatever they want to with your assessment"   "behind closed doors". And many really seriously bad decisions have been made.

Look at the record of past boards. Why in the world would you continue to leave it to  a board that makes unlawful decisions which costs you money because you aren't aware that you do NOT owe it! Even if you did owe it it is way overpriced for an HOA of this age and the homes price range. (Check out what nearby HOAs pay.)


It upsets you to go to meetings?
Thank goodness for those who will show up and speak up for what is honest when they see the Burning Tree Board of Directors doing things that are against the Covenants and by-laws.

When you have HOA board members violating the covenants homeowners feel disheartened to know that things are not being done fairly. Numerous homeowners have said they feel intimidated and coerced into paying assessments they know they do not owe. The threat to their reputation, by having a lien is what terrifies them into paying what they do not owe. The BTMA knows this and when questioned if they have the authority to assess homeowners board members do not say they have any authority but that they are going to do it! (Unbelievable, huh?)

This attitude is what steals all desire to be neighborly. Why would someone want to get out and help clean up the neighborhood if they are getting nothing for the money they are forced to pay....and then expected to also clean? Good Grief!



Don't you love that after  meetings there is no communication from the BTMA board? Every meeting should be recorded (both audio and video and posted on a website for all of us to see and hear. What is so much done in secret? (We have obtained a calendar of their meetings and we recommend you go and speak up when you hear something that is not right.)

Someone stupidly asked "Why not do tiered assessments?"  Hey, guy, we are not a bunch of uneducated hicks. Read the legal documents....According to our Covenants we don't have to pay any assessments to the BTMA, at all.  Furthermore if you will look at the covenants homeowners are only required to pay for actual repair upkeep and maintenance of the common grounds and facilities that belong to our own subdivision. AND THERE ARE NONE!!!!  

What type of neighborhood do you want? A neighborhood where you feel safe? Since we do not owe the BTMA why don't we use the money they have been taking from us to throw in that old pool (that only a few homeowners use that is sucking money down the drain) and each subdivision use theirs toward security for their area? 

What do you believe enhances the neighborhood more? What is more appealing to people when they buy a home that ancient pool or the feeling of security?

Lets see....security for all...... or a pool open a little over 3 months for a few homeowners?     

We are not talking about something as foolish as each of us take a turn at night patrolling the area area for a few hours. Who is their right mind would be willing to volunteer to drive around at night wasting their gas, getting no sleep, when they have to go to work in the morning and all the while wondering if being unarmed and possibly seeing something is a good idea? Most of us are 40+ and simply too old to be out there acting like a rent-a-cop.    Besides, whose insurance would cover it if we got hurt doing something the association set up for us to do?  

Over priced assessments (WHICH WE HOMEOWNERS DID NOT OWE!!) have been thrown into the pool and sucked down the drain because the only ones who will sit on the board are those who apparently have never had anything so nice as that before.  (Are those termites holding hands to keep that building standing? And we love the pictures posted of all the mouse trails in the room where the candy and pop is kept. GAG ME!!!) Most of the homeowners have no desire to go to that ugly thing.  Come on....how often do YOU go lay around that thing? 

Only way to stop the nonsense? Personal responsibility ....Come sit at the grown-ups table...Show that you are educated by not taking someones else's word for everything...Read the legal documents....and if you can't understand them read the blogs as we have some well-educated homeowners who do understand them. Show up and speak out about what is wrong! It affects you....and your wallet.

Most of the  people who crave sitting on the board of directors have never run a business (successfully or otherwise)....nor had any business training...so let's stop bowing down to them.

burning tree tulsa, burningtree, burning tree south, burning tree east, burning tree west, burning tree one, burning tree area 1 burning tree area 2, burning tree area 4, burning tree area 5, burning tree area 6, burning tree area 7

THE TRUTH!!!

NOTE: Thank you "Anon". Great job! If one didn't understand it before something is seriously wrong  if they still aren't capable of understanding.


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PLEASE do not post my e-mail or name. I have been reading this and enjoying how you all are getting the truth out to homeowners. I thought you might want to post this as I condensed down what all I have been reading here.  




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SECRETARY OF STATE'S OFFICE FINDS NO DOCUMENTS TYING ANY SUBDIVISION TO BURNING TREE MASTER ASSOCIATION

The office for the Oklahoma Secretary of State confirmed that the filed documents do  not show that any Burning Tree  is connected to Burning Tree Master Association in any way. 

COVENANTS OF SUBDIVISION STATE HOMEOWNERS MUST PAY ASSESSMENTS ----HOWEVER NOT TO BURNING TREE MASTER ASSOCIATION 
 
It is true that homeowners are required to pay assessments for actual repair, upkeep and maintenance of the common lands and facilities but only for what land and facilities their subdivision owns. HOWEVER, none of the subdivisions own anything, nada, nothing, zilch.

WITH THE SUBDIVISIONS HAVING NO FACILITIES AND OWNING NO LAND HOMEOWNERS CANNOT LAWFULLY BE ASSESSED BY ANY ENTITY! TO DO SO WOULD BE AN ATTEMPT TO  VIOLATE THE COVENANTS AND THE ONE (S) DOING SO CAN BE PROSECUTED BY THE HOMEOWNER

Thus, it is clearly a violation of the covenants to assess Burning Tree Area homeowners.  The Certificate of Dedication (where the Covenant is found) states that it is lawful to prosecute any person attempting to violate the covenants and to secure damages.This would include the Burning Tree Master Association Board of Directors!!

BURNING TREE SOUTH BOARD OF DIRECTORS UNDERSTOOD THE COVENANTS  AND VOTED TO NOT ASSESS HOMEOWNERS

Hence,  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 Burning Tree South board wisely voted for $0 assessments, in order to protect current and future board members, from prosecution.




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BE SURE TO READ ALL COMMENTS!

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

Does the legal description in the Burning Tree Master Association Articles of Incorporation tie subdivisions to the Burning Tree Master Association

Legal descriptions were included simply to show where the Burning Tree Master Association owned property. 

The legal descriptions, in the Burning Tree Master Association (BTMA) Articles of Incorporation, in Article IV were included to show the location of the properties owned by the Burning Tree Master Association.  Burning Tree Master Association  owns properties within the subdivisions of Burning Tree One, Burning Tree East and Burning Tree South.

Homeowner misinterpreting what he tried to read confused a small number of homeowners who don't check to see if he had the facts correct.

While the Burning Tree Master Association  Articles of Incorporation include a legal description of simply where Burning Tree Master Association owns land much unnecessary confusion among homeowners is the result of one homeowner trying to interpret Burning Tree Master Association ’s Articles of Incorporation.

The homeowner incorrectly interpreted that by those legal descriptions being in the Burning Tree Master Association  Articles of Incorporation that  it meant  that the subdivisions in those areas were tied to the Burning Tree Master Association.


Unfortunately he has blurted out his incorrect assumption at more than one meeting, as if it were fact. 

Attorneys do not agree with confused homeowners misinterpretation.

It is important to note that not one attorney read the document to mean that by the Burning Tree Master Association having legal descriptions  in their Articles of Incorporation, stating where Burning Tree Master Association owns property, that it tied any subdivision to Burning Tree Master Association  or gives the Burning Tree Master Association  authority to assess any homeowner. (Interestingly, the Secretary of State's office didn't see that any subdivision was tied to the Burning Tree Master Association, either.)

Why was Burning Tree Master Association formed?

Article IV of the Burning Tree Master Association Articles of Incorporation clearly states that Burning Tree Master Association was formed to enhance and protect the value, desirability and attractiveness of their properties located in those areas.

BURNING TREE MASTER ASSOCIATION

ARTICLES OF INCORPORATION

ARTICLE IV

PURPOSES AND POWERS OF THE ASSOCIATION

This association is formed for purposes not involving pecuniary gain or profit to its members and shall have no capital stock. The specific purposes for which this corporation is formed are to provide for the development, maintenance, and improvements so as to enhance and protect the value, desirability and attractiveness of certain real property within the tract of property described as follows:

Burning Tree, an Addition to the City of Tulsa, Tulsa County, State of Oklahoma, specifically described as:

The Northwest Quarter (NW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian;

The Northwest Quarter (NW/4) of the Southeast Quarter (SE/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian; and

The East Half (E/2) of the East Half (E/2) of the East Half  (E/2) of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian, in the City of Tulsa, County of Tulsa, State of Oklahoma

Note that the Articles of Incorporation do not show that Burning Tree One, Burning Tree Plaza, Burning Tree East, or Burning Tree West are tied in either.

· According to the Secretary of State, all subdivisions were filed as separate entities, not tied to the Burning Tree Master Association . There has been no merger or consolidation of the Burning Tree Master Association  with any subdivision, as would first be required by the Articles of Incorporation according to Article VIII,  in order to tie the two together together.

DID YOU ALSO KNOW:
· According to court documents, in the 1980s, homeowners successfully won their case against a past President of the Burning Tree Master Association who was required by the court to pay a large settlement for those actions.

· Even if Burning Tree Master Association  had ever had a legal right to assess homeowners in any of the subdivisions, the homeowners were never allowed to vote on any assessments. Yet, the Burning Tree Master Association  assessed and liened homeowners based on whatever amount the Burning Tree Master Association  board of directors wily-nily  set  the amount to be, while their own Burning Tree Master Association  by-laws do not even allow the board of directors to do this.

Wonderful analogy makes it all very easy to understand!

An elderly lady decided to give herself a big treat for her significant Birthday by staying overnight in one of Chicago's most expensive hotels.

When she checked the out next morning, the desk clerk handed her a bill for $250.00.

She exploded and demanded to know why the charge was so high. "It's a nice Hotel but the rooms certainly aren't worth $250.00 for just an overnight stop without even breakfast."

The clerk told her that $250.00 is the 'standard rate' so she insisted on speaking to the Manager.  The Manager appeared and forewarned by the desk clerk announced: "the hotel has an Olympic-sized pool and a huge conference center which are available for use."

'But I didn't use them," she said. ''Well, they are here, and you could have," explained the Manager.

He went on to explain that she could also have seen one of the in-hotel shows for which the hotel is famous. "We have the best entertainers from New York , Los Angeles, and Las Vegas performing here," the Manager said.

"But I didn't go to any of those shows," she said.

Well, we have them, and you could have," the Manager replied. No matter what amenity the Manager mentioned, she replied, "But I didn't use it!"

The Manager was unmoved, so she decided to pay, wrote a check and gave it to the Manager.
The Manager was surprised when he looked at the check.

"But madam, this check is only made out for $50.00."

“That's correct. I charged you $200.00 for sleeping with me," she replied.

"But I didn't!" exclaims the very surprised Manager.

"Well, too bad, I was here, and you could have."