An open letter from the President of Burning Tree #4 Association,Inc (Burning Tree South Addition)

TO WHOM IT MAY CONCERN:

Lot owners in Burning Tree S0uth Addition could not be members of Burning Tree Master Association, even if they so desire.  Reasons why:

1.) BURNING TREE SOUTH LOT OWNERS ARE MEMBERS OF ONLY ONE ASSOCIATION- BURNING TREE AREA #4 ASSOCIATION, INC (ACCORDING TO THE COVENANT FOR BURNING TREE SOUTH ADDITION WHICH IS  A LEGALLY BINDING DOCUMENT)   Click to see for yourself

2.)  MEMBERS OF BURNING TREE MASTER ASSOCIATION CAN ONLY BE OWNERS ASSOCIATIONS, NOT LOT OWNERS ACCORDING TO BURNING TREE MASTER ASSOCIATION GOVERNING DOCUMENTS:

• Burning Tree Master Association Articles of Incorporation: ARTICLE V MEMBERSHIP: Every Burning Tree Area Owners Association approved by Declarant shall be a member of  this corporation.
  
• Burning Tree Master Association By-laws: ARTICLE III MEMBERSHIP: Every Burning Tree Area Owners Association approved by Declarant shall be a member of the corporation.

However, Burning Tree South homeowners have always had an easement to use the facilities of the Burning Tree Master Association subject to the  rules and regulations thereof.

Click here  to see what Burning Tree Master Association bylaws state about their rules and regulations.

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BURNING TREE SOUTH  LOT OWNERS BELONG TO WHAT ASSOCIATION?  Attorneys for lot owners in  Burning Tree South advised that the covenant is very clear that Burning  Tree South lot owners belong to Burning Tree Area #4 Association, Inc. only and  thus, any reference made to “the Association” in the Burning Tree South Certificate of Dedication refers to Burning Tree Area #4 Association, Inc.

The  Certificate of Dedication for Burning Tree South Addition states that Burning Tree South lot owners are members of Burning Tree Area #4 Association, Inc.  Assessments will be made for ACTUAL repairs, upkeep, and maintenance of the common area of the Association of which the lot owner is a member. Burning Tree South lot owners have an easement to use  BTMA’s facilities.   (An easement is a right, not an obligation, to do something.)  

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BURNING TREE SOUTH COVENANTS REGARDING MEMBERSHIP:

 H (c)  Membership in Home Owners Association.

• Any owner of any lot within said subdivision shall become a member of Burning Tree Area #4 Association, Inc.  
• lot owners have an easement to use the facilities of the Association of which said lot owner is a member, and of the Burning Tree Master Association, subject however, to the rules and regulations thereof.  
  
• Membership in the Association shall be subject to assessments for the actual cost of maintenance, repair and upkeep.   Annual  assessments for maintenance, repair, and upkeep shall be a lien upon any lot of any owner in said subdivision,and shall be subject to enforcement as provided in the By-Laws of the Association.

H (d)

• The owner of any lot, by acceptance of a deed therefor, shall be deemed to have accepted membership in the Burning Tree Area #4 Association, Inc. agreed to abide by the rules and regulations of the Association concerning the use of the facilities, open spaces and recreation areas;
• and agreed to pay assessments made for the maintenance, repair and upkeep of the common areas of the Association.

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 Click on links (found in blue, below) for a detailed explanation

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BURNING TREE SOUTH ADDITION CERTIFICATE OF DEDICATION STATES  CLUB HOUSE WOULD BE BUILT IN BURNING TREE SOUTH ADDITION.  

The Burning Tree South Addition Certificate of Dedication (Covenant) was filed in August 25, 1976. This “constructive notice” advised prospective buyers of lots in the Burning Tree South subdivision that a clubhouse was to be built in the subdivision and lot owners would be assessed for repair, upkeep and maintenance of the property, by Burning Tree Area #4 Association, Inc.  (The document also states  that lot owners have an easement to use both the facilities of the Burning Tree Area #4 Association, Inc and the facilities of the Burning Tree Master Association).

LETTER SENT TO HOMEOWNERS ASKING IF THEY WERE SHOCKED AND SURPRISED
Paperwork was filed on December 1, 1978 with the Oklahoma Secretary of State to form Burning Tree Area #4 Association, Inc  by Larry S. Lyon, Edward B. Wardell, James W. Collins, Raymond A Hall, Frank D. Spiegelberg, O. Roger Spencer, James R. Parkhurst and Bruce P. Hunter. Letters were then sent to lot owners in Burning Tree South asking if lot owners were shocked and surprised to learn that they now belonged to a homeowners association and were being assessed for expenses for this homeowners association. According to letters received by Burning Tree South directors in response, lot owners were shocked and surprised since the clubhouse in the  Burning Tree South subdivision had never even been built and the covenant  states Burning Tree South lot owners can only be assessed for actual cost of maintenance, repair and upkeep for their association.
 

ATTORNEYS HAVE ASKED BURNING TREE MASTER ASSOCIATION (BTMA) TO PRODUCE ANY DOCUMENT  GIVING BTMA AUTHORITY TO ASSESS LOT OWNERS IN BURNING TREE SOUTH. REQUESTS ARE IGNORED. 
Title company attorneys have advised  that Burning Tree South lot owners do NOT belong to Burning Tree Master Association. Attorneys Thomas Affeldt and  Scott Byrd (with different law firms) hired by some  Burning Tree South lot owners to study the documents, have come to that same conclusion. 

According to the office of the Secretary of State Burning Tree Area #4 Homeowners Association, Inc. has always been a “stand-alone” corporation, with no ties to the Burning Tree Master Association, just as the covenants do not tie Burning Tree South in to Burning Tree Master Association.

Burning Tree Master Association Board of Directors have ignored the request from Burning Tree South lot owners and their attorneys to produce any legal document that amended the covenant in Burning Tree South to provide Burning Tree Master Association with the authority to assess and/or lien lot owners in Burning Tree South.

BURNING TREE MASTER ASSOCIATIONS ARTICLE OF INCORPORATION DOES NOT SHOW THAT ANY LOT OWNER CAN BE A MEMBER OF THEIR ORGANIZATION
Burning Tree Master Association’s own Articles of Incorporation (Article VI) clearly states:  Every Burning Tree Area Owners’ Association approved by Declarant shall be a member of this corporation.  The member is NOT THE HOMEOWNER! It is  OWNERS ASSOCIATIONS (not lot owners) and only those OWNERS ASSOCIATIONS that were approved by Declarant. Thus, not only is Burning Tree South addition not a part of  Burning Tree Master Association,  according to the Burning Tree South covenants,  but no lot owner can be a member.   According to Burning Tree Master Associations Articles of Incorporation filed with the state of Oklahoma only owners associations can be members.  

In other words:  Only  Burning Tree Area #4 Association, Inc (Burning Tree South subdivision) has the legal right to assess/lien homeowners. Assessments are for ACTUAL repair, upkeep and maintenance of the property of Burning Tree Area #4 Association, Inc.

VIOLATION OF THE BURNING TREE MASTER ASSOCIATION ARTICLES OF INCORPORATION
Burning Tree Master Association, Inc board of directors, in violation of their own Articles of Incorporation (Article VI), continues to demand money from each individual lot owner in Burning Tree South addition, under threat of having a lien placed against the property. Further, the Burning Tree Master Association board of directors assert that they WILL collect  the money they demand from lot owners, along with all interest and late fees, when the property is sold by the lot owner, because a lien will hold up a home sale.

SPECIAL ASSESSMENTS DEMANDED FOR STREET LIGHTS ~ LIGHTS NEVER INSTALLED
Additionally, special assessments were demanded from Burning Tree South lot owners  for several years, by Burning Tree Master Association directors, claiming the money would be used to install several street lights in Burning Tree South…..but to date, it has never been done. 

NO MERGER, YET MONEY DEMANDED
Money demanded from Burning Tree South lot owners has been put into the  Burning Tree Master Association, Inc account yet, according to the office of the Oklahoma Secretary of State, Burning Tree Area #4 was filed as a separate entity, not tied to  Burning Tree Master Association in any way. The Secretary of State’s office does not show that there was ever a legal merger or consolidation between Burning Tree Area #4 Association, Inc., and Burning Tree Master Association.  In addition, to the  legal requirements found in the Oklahoma statues to merge corporations, there are also requirements in the articles of incorporation for  Burning Tree Area #4 Association, Inc.

REQUIRED AUDITS TO SHOW WHERE MONEY WENT HAVE NEVER BEEN DONE
 To date there has never been an audit for the monies demanded  by Burning Tree Master Association (BTMA), that lot owners in the Burning Tree South addition  were forced to pay  to avoid having a lien  placed on their property.  BTMA by-laws specifically state  that an audit will be performed each and every year and the results of the audit will be given to every member. Those by-laws are still in effect, as no vote was ever taken to amend the BTMA by-laws.

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BURNING TREE SOUTH LOT OWNERS HAVE REQUESTED THESE RECORDS FROM BURNING TREE MASTER ASSOCIATION: Click here

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QUICK ANSWERS TO QUESTIONS YOU MAY HAVE

1. How Have Burning Tree Master Association Board of Directors Gotten So Confused?
2. Burning Tree South Homeowners did agree to pay assessments but to whom and when?
3. What are assessments for in Burning Tree South?
4. What entity has the legal right to assess or lien Burning Tree South Lot owners?
5. How and when can Burning Tree South covenants be changed?
6. When would someone be considered to “violate the covenants” and what happens if they do?
7. What Associations are Burning Tree South lot owners a member?
8. Wasn’t Burning Tree South going to have a clubhouse?
9. What do Burning Tree South lot owners have an easement to use?
10. Who Filed Burning Tree Area #4 Association, Inc.         orming Burning Tree Area #4 Association, Inc. 
11. Requirement to Merge corporations
12. Were you “shocked and surprised” letter sent to Burning Tree South lot owners
13. Is Burning Tree Area # 4 Inc a Sub-association of Burning Tree Master Association?
14. Burning Tree Area #4 Association, Inc. Articles of Incorporation
15. OK, then who are members of the Burning Tree Master Association
16. Rules and Regulations ~ Burning Tree Master Association Facilities
17. Do the Burning Tree South Addition Covenants Say the Same Thing As All the Other Additions
18. When was the merger to allow Burning Tree Master Association to assess and lien Burning Tree South lot owners?
19. Voting Rights of Members 

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MORE INTERESTING READING:

• According to court documents, the Burning Tree developer was sued by lot owners back in the 1980s and was required, by the court, to pay a large settlement for those actions.
• THE TRUTH REGARDING WHY THE BURNING TREE MASTER ASSOCIATION (BTMA) VICE-PRESIDENT RESIGNED
• Overview of the conflicts between the Burning Tree  Master Association  Articles of  Incorporation and their own bylaws
  

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Questions: Contact

Joe Nappo, President  Burning Tree Area #4 Association, Inc (Burning Tree South Addition)  – 918.346-7639

Gail Hauke, Secretary- Burning Tree Area #4 Association, Inc (Burning Tree South Addition)  – 918.250.4142 gailhauke@cox.net

WELCOME WAGON