Specific or blank proxies?

Recently an elderly past board member stated, like it was a fact, that Oklahoma Statutes allowed for blank proxies. A  homeowner e-mailed us that he had spent hours looking for this and asked for clarification as he could not find where the elderly past board member had come up with that.

We are sorry you wasted so much time on that. Our attorney advised that the past board member was incorrect. Oklahoma Statutes allow either blank or specified proxies. Your by-laws may narrow it down to limit it to a specified which helps keep certain ones from collecting a bunch of blank proxies to make sure the vote goes their way. (Wouldn't you love to know that "special assessments" got voted in because you handed over a blank proxy to someone?)

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

Audit is legally required to be done by Burning Tree Master Association board of directors!

 Do you know:

    * why Burning Tree Master Association (BTMA) is still required legally to have an audit, even if the board of directors waste your assessment money on a review?  (Oklahoma statutes provide that any member may bring action in district court to enforce the provisions of  the bylaws. Note that BTMA by-laws do call for an audit be done each and every year.)
      * there has never been an amendment to the Burning Tree Master Association (BTMA) by-laws. The only way an amendment can be made to the by-laws it is for 75% of all the members to vote in favor. (Legal documents providing proof of the vote for the amendment along with the copy of the amendment that was presented to the members has never been produced; just a couple of directors saying they seem to think they remember it.) 
     * which Burning Tree Master Association (BTMA) officer is legally required to cause an annual audit to be made, who it is to be made by and how quickly after completion each member is to receive a copy.




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Common Law of Business Balance It's unwise to pay too much, but it's worse to pay too little. When you pay too much, you lose a little money -- that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing it was bought to do. The common law of business balance prohibits paying a little and getting a lot -- it can't be done. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.                                John Ruskin (1819-1900)