Alert: Master Association

I hope you have looked carefully at the proxy sent to you by the Burning Tree Master Association which will be used for voting purposes at next weeks annual meeting. There are some questionable things about this proxy.

The proxy states that it can be used during the annual meeting on September 10 or at any subsequent meeting prior to October 10. If you sign and give your proxy to any board member or anyone representing the board you are giving away your future. Who knows what you will be agreeing to! Why would you have a solid month of voting? Can any thing good come of this?

You can bet any changes made to the Burning Tree Master Association by-laws will NOT be for the benefit of the residents. All proposed changes to the by-laws should have been published in advance and given to each resident. Residents need time to study any proposed by-law change in order to know how to make an intelligent decision on how to vote. What’s so secret about the proposed changes, are they afraid you might understand them? Why all the secrecy?

Also look carefully at the back of your proxy, your name and mailing address is printed on it. Can’t you just imagine the manipulation that could be committed with this proxy? All you need is list of the “ELIGIBLE” voters and a pen to sign the name of the person named on the back of the proxy and to write BOARD on the authorization to vote line. Wonder who would have this list of “ELIGIBLE” voters? Based on past annual meetings "you know who" knows who will not vote in person or send in their proxy. Do you think we might just have a lot more voters and proxies this year? WHO DO YOU BELIEVE WOULD BENFIT THE MOST FROM ANY PLANED MANIPULATION?

Also please be aware that it takes 75% of a quorum to get a by-laws amendment passed. The key word is quorum, 50% plus 1 of the eligible voters or proxies at the original meeting. Should the original meeting not have a quorum, the meeting can be reconvened and this time you only need 25% for a quorum, either in person or by proxy. We have contacted an attorney to see if an amendment vote is eligable for the reconvened meeting rules.

It is rumored that the Burning Tree Master Association is also going to ask residents to ratify or make legal an amendment “supposedly” found by a past president that states the board can do a CPA review instead of an audit. They want you to believe they accidently found this piece of paper containing this amendment; however they do not have documentation to prove this amendment was ever voted on. No minutes, no voting documentation, no proxies, nothing. Guess what, the board did a CPA review instead of an audit without legal authority this year. All residents of Burning Tree know that the Buring Tree Master Association has NEVER performed an audit. They have ignored this section of the by-laws completely. I guess they want to clear their conscious and do things legally the next time, if they can get your to vote for a CPA review.

PLEASE DO NOT GIVE YOUR PROXY TO ANYONE REPRESENTING THE BURNING TREE MASTER ASSOCIATION BOARD. ATTEND THE MEETING IN PERSON TO VOTE !!!!!!


*****Shared post from alongthebeatenroad.wordpress.com

Will Here

Howdy there neibors, jest a note to let you all know that the wunderful blawg  team has left me to keeps an eye on this blawg thing whiles everbody goes on a much needed rest fore a whiles. I'm purdy new at all this so jest bare with me as I tries to keep it up.

All I knows for shure is that there is much legal 'wrangling goings on, and they all need a brake before they  get going full steam ahead. So jest keep leaving those comments, and don't ferget to drop me a line with any questions at.............truthandhonor1st@hotmail.com

See ya'll on the flip side.


Will

Please Read!!

Look what we found on the blogs last night!  The information is so important to all residents of Burning Tree, that we asked permission to add this post to our blog.


All of the areas can file an amendment  to their covenants just like South did! Yes, the grass will still get mowed, and the pool will still open; the BTMA must be held accountable as to what the governing documents state. The bottom line is that Mr. Henshaw never amended the BTMA Articles of Incorporation to include each area under the authority of the Master Association!!!  







ATTENTION BURNING TREE SOUTH RESIDENTS, HERE THE BTMA GOES AGAIN...


If you were one of the homeowners who received a letter from  Burning Tree Master Association today demanding money be handed over to them by August 1, 2012 or a lien would be placed on your property, there are some things you need to keep in mind as you decide if you are going to meet this demand. As usual, the Burning Tree Master Association board of directors believes that intimidation and threat of a lien on your property will scare some homeowners into writing them a check.

The residents of Burning Tree South filed a petition with Tulsa County, on June 13, 2011 based on the legal right given to homeowners in the Certificate of Dedication, filed Aug 26, 1976 with Tulsa County to  make changes to the Covenants. Thus, you do not owe dues to the BTMA because you are not a member of the Burning Tree Master Association.

The attorney representing the insurance company advised the Burning Tree Master Association that the BTMA does not have the authority to challenge Burning Tree South's petition.  However, homeowners Mark and Mary Ann Basore filed paperwork with the Tulsa County Clerks Office.

Burning Tree South homeowners belong to Burning Tree Area #4 Homeowners Association, Inc. which has no dues because our Covenants have always stated that the money could only be used for upkeep, repair and maintenance of common areas and facilities within Burning Tree South. There are no facilities or land owned by our HOA  and have never been since before the first home was built here.  Further, according to their own Burning Tree Master Association Articles of Inc it is not the homeowner who is a member anyway.

The Burning Tree South petition IS VALID, IS ON FILE WITH TULSA COUNTY AND IS IN EFFECT TODAY.  Ask yourself, as long as our petition is legal why would the BTMA put a lien on your property.


The BTMA board may not realize it as they have violated state law in the past but one cannot just put a lien on someone’s property without due process in a court of law. The only legal way to put a lien on property is to first get a statement of judgment against the homeowner. There are numerous steps that must be followed in order to get a statement of judgement to avoid for board members to avoid a slander of title suit filed against themselves.


 O.S. §, 12 706 Creation of Lien. A judgment shall be a lien on the real estate of the judgment debtor within a county only from and after a Statement of Judgment has been filed in the office of the county clerk in that county. There is a legal way to obtain a statement of judgement (if one does live in an are where they do, in fact owe it, but the Burning Tree Master Association board of directors have skipped the steps that allow members “due process”. Burning Tree Master Association board members have been simply slapping liens on resident’s property, creating a cloud on the title and according to attorneys hired by several homeowners in Burning Tree South, set the stage for Slander of Title lawsuits against the Burning Tree Master Association and the board members, personally!!

Further, their unsigned and undated letter (and on printer paper, no less!) received today states that "Because the Burning Tree Master Association by-laws obligate the board to file liens on homes for unpaid assessments..."

While Burning Tree South is not part of the BTMA (thanks to the petition that was signed by a majority of homeowners and then filed with the county) the apartments and duplexes in the areas of Burning Tree West,  Burning Tree East and Burning Tree One truly are a part of Burning Tree Master Association. Based on their very own by-laws the Burning Tree Master Association board is required to assess the apartments and duplexes,  which they have failed to do . And don't let them tell you that they had an amendment and removed the apartments and duplexes. That is yet another thing where they are very confused and trying to make you so.

HERE IS WHY: An amendment could not be made to the BTMA by-laws to remove the apartments and duplexes because it is in Certificate of Dedication that lists which lots are part of Burning Tree West, Burning Tree East and Burning Tree One. In order to exclude the apartments and duplexes Burning Tree West, Burning Tree East and Burning Tree One would each have get a majority of the homeowners to sign to remove the apartments and duplexes in their area and then file it with the county clerk. (Read the Certificate of Dedication for your area and you will see it for yourself!)  Tulsa County assures us that there have been no documents filed for any of those areas to remove any lots that are listed in the Certificate of Dedication!   The BTMA says that their by-laws require them to put liens on. However are they forgetting that this means that the board members must assess all the duplexes and the apartments in Burning Tree One, Burning Tree West and Burning Tree East that are listed in the Certificate of Dedication for that area, in order to be able to put liens on the lots. Why not put their focus there instead of pretending they aren't aware that  the homeowners in Burning Tree South have had a petition on file with Tulsa County for over a year.



Re-blogged courtesy:  alongthebeatenroad.wordpress.com

Fresh Tomatoes

Freshly picked vine ripened tomatoes for sale.  Need to be eaten this week.  I have about 30 and more are coming.  Much nicer than my previous ones.  They were selling tomatoes in Tahlequah for 1.25 a piece.  I’m thinking .75 for the small ones, 1.00 for the reg. sz ones, and 1.25 for the huge ones, but I might not have any of the huge ones left if I keep eating them!  Still have squash and cucumbers, banana peppers…Tell all your friends, seriously.  Let’s make a deal!

I also have an executive desk and matching credenza for sale if anyone knows someone interested.  $300 solid wood.  Came out of Joe’s office.

Contact phone: 918-381-0144

Helen Griffin

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.........

Hypocrisy 101..............

Don't you just love how our wonderful board members are taking care of our property? You know, Burning Tree property; where you pay property taxes on your home, and the board demands assessments (ransom) under threat of penalties and liens? (albeit, not legal assessments, even though the BTMA continues their propaganda campaign).

The Articles of Incorporation spell out the main purpose of the association is to enhance the entire parcel of Burning Tree property. The entire property. What? You mean there is other property besides the pool?

The recreational facilities are now sporting two brand new basketball goals, while the trees planted almost two years ago and the ones planted this Spring are dying a slow death from lack of water.

Tonight a news letter from the BTMA was delivered to most peoples door touting, quote..."Mark Higgins maintains our common areas and is responsible for a lot of the landscape and beautification projects in the neighborhood."  It is quite obvious that Mr. Higgins does not understand that when something is planted, it needs life saving water or, our wonderful BTMA leaders are withholding water for the survival of trees, crepe myrtles, and the perennial flower bed; so they will have enough money to buy hot dogs and hamburgers to give away free to all who wish to partake on their holiday get-togethers. How nice to furnish free hamburger and hot dogs, while trees that were planted in memory of loved ones, die a very slow death from the lack of water. Oh, and the new trees that were planted this spring, they are dying also. But hey, come on down to the pool and get some free food! And please remember those wonderful hotdogs and hamburgers when you drive home past all the dead and dying trees and shrubs. Leaves a great lasting impression to prospective home buyers, wouldn't you agree?

How much is the BTMA paying for landscape and beautification, in addition to the mowing contract with Mr. Higgins? Never mind that there are Master Gardeners who live in Burning Tree who would love the opportunity to donate their skills to the beautification of our neighborhood; no, that would make to much sense! Big Government and incompetency are very much alive here in Burning Tree.

Also in the newsletter was a blip regarding the Neighborhood Watch Program. Geeze, same song, 15th verse yet again!!! This has been hashed and re-hashed each and every year and the upshot is in years past, the BTMA board did not want to spend the $40.00 per sign for the entire area. It is not rocket science people; just cough up the money for the signs, and you are on the road to starting the program. But no, just like big government, they want to form a committee, talk about what and how to do it, and by then, new directors are on the board, and the merry-go-round continues without a decision. Oh, but don't forget to go by the pool for your free hot dogs and hamburgers.

Interesting little diddy on the "To chip or Not to Chip" for pets. Really? This is relevant because? The residents of Burning Tree are not some group of children who need to be lectured on how to take care of their beloved pets. This is nothing new, it has been around for awhile, and pet owners and their vets are fully aware of this program. But it was nice "fluff" to fill the ever so informative newsletter. Like getting your newsletter after the July meeting. So typical of our ever-on-the-spot-up- to- the- minute board. Makes you feel all warm and fuzzy, doesn't it? So glad to know that our leaders are on top of important issues.

Ya'll don't forget to go to the pool for your free food.........you might want to take a gallon or two of water to pour on the dying trees and shrubs.......and don't forget your fearless leaders on the BTMA are serving up a nice dish of Hypocrisy 101 with every hotdog. Enjoy!!!

Claudia Nelson

Fresh Veggies

Yes, indeed it is that time of year when all of us crave vine ripened tomatoes, sun-kissed sweet corn, summer squash to prepare your favorite way.

No need to search out a farmer's market and pay high prices; you need not travel any further than our very own Burning Tree neighborhood! Many homeowners are raising veggies this year and we just learned that our very own residents Joe and Helen Griffin have some for sale.

They can be reached at 918-381-0144. Please call for availability.

*Please send us an e-mail if you learn of others who have veggies for sale.