Questions blog viewers have sent that they want answered at the Sept 24th meeting.

QUESTIONS FOR THE SEPT 24th MEETING 




Keep your questions coming. We will post them here. Send to the e-mail at the top of this blog : truthandhonor1st@hotmail.com

1. Did every lot owner get notified of the meeting?  (Duplexes and apartments?) If not, why not? Duplex and apartments are included in the covenants. An agreement or vote of other lot owners to exclude them CANNOT remove them! The only way to remove them is by a petition signed by a majority of the lot owners and filed with Tulsa County....read the covenants and you will see!! It would have had to have been done after Feb 1993, not in 1977 when the supposed vote to exclude them took place.  Excluding the apartments and duplexes is unlawful and it is a form of discrimination. (And no, not letting the apartment and duplex lot owners vote  "because they haven't paid assessments" does not fly. The excluded lot owners are now aware that the BTMA simply did bother  to assess duplex lot owners. The owners have the legal right to delegate their rights to the renters who could then be charged a "REASONABLE admission fee"....that comes from the BTMA bylaws) Of course, according to the covenants, those living in BT2  don't have to pay assessments...read the covenants...they have an easement to use the facilities and can pay as they use the facilities.
   
2. Why were we not told beforehand who the candidates for director are?  There are several who wanted to run who feel like they were again made to feel unwelcome at meetings. 
3. Why are we not allowed a chance to study any and all proposed amendments, instead of having it sprung on us after our proxies have been picked up? It was not put on the agenda in the meeting notice that was sent out to homeowners as the BTMA bylaws do require. 
4. What exactly is this Lawsuit? It needs to be discussed if we are members!
5. Audits-   (Fiscal year 2012 ended April 30, 2012) so is it done?  The by-laws require   a copy to be given out to every member. Look at the bylaws --there was a deadline to get them out to the members.  (The bylaws do NOT allow for putting it on a website. We have too many members without internet access!)  Bylaws state 2. There shall be an annual audit of the books and records of the corporation by an independent public accountant and a copy thereof shall be sent to each member within thirty (30) day after completion thereof. 
6. Amendments for outbuildings/shed (The BTMA has no authority and cannot take a vote so why are they confusing everyone? Do they really still not understand their authority?)
7. Why was nothing on the agenda done at the last meeting? Even if directors could not be voted on the rest of it should be done.  
8. Why are members not allowed to see the records?  ARTICLE X BOOKS AND RECORDS  1. The books, records and papers of the corporation shall at all times during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles and these bylaws shall be available for inspection by any member at the principal office of the corporation, where copies may be purchased at reasonable cost.

9. There was no agenda in the notice we got in the mail regarding the annual

   meeting. It only said there would be voting on new directors and the follow-

   ing topics would be covered:  A brief overviews of last years accomplishments,

   voting on a new slate of BTMA directors and amendments of the Association's

   by-laws. It did not say in the agenda that there would be voting on any amendments.

   Thus, anything else to be voted on (besides directors) would have to be done

   by special meeting.

   HERE IS THE BYLAW  ANNUAL MEETING-ARTICLE  V  MEETINGS 

   OF MEMBERS 3. Written notice of each meeting of the members shall be given

   by or at the direction of the secretary or person authorized to call the 

   meeting by mailing a copy of such notice, postage prepaid,at least ten (10)

   days before the meeting to each member entitled to vote addressed to the

   member’s last address appearing on the books of the Association or supplied

   by such member to the Association for the purpose of notice. The notice shall

   specify the place, day, hour and agenda of the meeting and in case of a

   special meeting, the purpose of the meeting. 

    

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?)

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!

The Audit and Assessments for 2012

 Audit or Review:

• ARTICLE IX  OFFICERS AND THEIR DUTIES  Treasurer (d)  The treasurer shall  cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year. (Are you listening Treasurer??)
• ARTICLE X BOOKS AND RECORDS AND RECORDS   2.  There shall be an annual audit of the books and records of the corporation by an independent public accountant and a copy thereof shall be sent to each member  within thirty (30) day after completion thereof.
• Some claim that the board voted to just do a review instead of an audit. That is NOT legal. The by-laws must be amended by a vote of the members  to change from an audit to a review. (ARTICLE XIV AMENDMENTS:These bylaws may be amended, at a regular or special meeting of the members, by a vote of a seventy-five percent (75%) majority of a quorum of members present in person or by proxy.)  (If there was, in fact,  an amendment to the by-laws  then the courts will make BTMA provide the meeting notes of when it was done. It is better to hae the audit instead of wasting money on the review, then being forced to also have an audit as the money spent for the review will be a waste. (See below)

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Oklahoma General Corporation Act  § 1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws  
Any shareholder, member or director may bring an action to interpret, apply or enforce the provisions of the certificate of incorporation or the bylaws of a domestic corporation in the district court.
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Assessments

• Covenants for all subdivisions state that homeowners can be assessed  for actual repair, upkeep and maintenance for common grounds and facilities within their own subdivision. However, even if the subdivisions had common grounds or facilities how would the subdivisions board of directors know beforehand what the "actual" cost would be?  Oh, wait there couldn't be any mandatory assessment as no subdivision owns any common grounds or facilities.
• Where in any legal documents does it say who are the members of the BTMA? According to legal counsel, several homeowners have learned that the Articles of Incorporation do NOT state that any subdivision is a member.  Read the blog post below for an explanation as to why everyone has gotten so confused.

UPDATE! E-mail received: Anyone heard yet who the new BTMA officers are?

So far the bets are 8 to 1 that  Julie will be President just as she and Paula --former career President--were plotting the week before the meeting to select directors. One person thinks it will be Tracy.


THIS JIST IN: PAULA-TICS IS ALIVE AND WELL IN THE BURNY TREE. THEY GOT JOOLIE IN.  and somehow Claudine  got in as  Vice-President.  How did that slip into the  paula-tics... that Claudine won't back off when something is right--they thowed her off for asking too many questions about what was bein done wrong before... the paula-cee is if you don't go along with them they shut you up by getin' you off the BMTA.  We is gonna hear a cat fight....grab your popcorn....(Them doods who got on that board have no idear how they are going to be led around by wimmen.) 

Can't wait to  find out who is the secretary and the treasure.