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LIEN FACTS ACCORDING TO OKLAHOMA LAW

WORRIED ABOUT LIENS/MUST READ

I’m sure you we have all received our annual demand for money and threat of lien notice from the Burning Tree Master Association.  You will have found enclosed three pages, if you have refused to pay their unlawful assessments. The first page is a NOTICE letter from the Burning Tree Master Association stating that in Sept. 2012 they placed a lien on your property for the assessment year 2012-2013.

This letter is not truthful. Let’s look at the facts as stated by the Tulsa County Clerk’s Office, Department of Land Records. There is not a lien on your property. What the Burning Tree Master Association has filed is a NOTICE OF ASSESSMENT LIEN in the amount of $250.00 for the assessment year 2012-2013. As you will read below there is a great deal of difference between a Notice of Lien and a Lien. A Notice of Lien merely stays with the property until it is sold. At that time most sellers will just pay it in order to complete their sale and do not present the facts that they do not owe this money. The Burning Tree Master Association has for years counted on this method and only on a rare occasion actually brought suit for a judgment against a homeowner. When they did bring suite for a judgment they spent over $11,000.00 to collect $11,000.00. Total wash out as far as monetary value to the Burning Tree Master Association coffers was concerned. Just a big show of authority. If these defendants had presented the actual facts they might have won their cases. Burning Tree Area #4 Association, Inc. DOES have the necessary documents to help any residents win their case if the Burning Tree Master Association again tries to take lot owners to court for non-payment of assessments. JUST GIVE US A CALL IF THIS HAPPENS.

The second page is a demand for money and threat of lien assessment notice of $250.00 for the assessment year 2013-2014. The third page is a copy of your Customer Ledger at the Burning Tree Master Association, Inc. This page states the amount of past dues you currently owe. It does appear that the Burning Tree Master Association has charged a late fee of $40.00 to each one not paying the unlawful dues.

According to the Burning Tree Master Association minutes they were given a presentation by Marshall Dyer, an attorney, about collection of past due accounts. They also state that they have hired an attorney to soon begin to collect delinquent accounts. Perhaps they hired this gentleman to whip us into shape. It may be hard to do when the legal documents are presented in court. It is my contention that this attorney does not know all the legal facts.

FACT: Before a lien could even be put on property Oklahoma law requires certain steps must be taken. The BURNING Tree Master Association, Inc. has not been doing this.

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 afterStatement of Judgement has been filed in the office of the county clerk in that county. The Burning Tree Master Association board of directors has skipped the steps that allow members “due process”. Burning Tree Master Association has simply slapped Notice of Assessment Liens on property!!  This action has deprived homeowners of their legal right to a hearing to defend themselves in court and never allowed a judge to look at the documents which very clearly show that homeowners are NOT the members! (See the links at the bottom to see much more about this subject.)

Read on to see why this action can have serious consequences for the Burning Tree Master Association board of directors who do so.

ATTORNEYS LETTERS SENT TO THE BURNING TREE MASTER ASSOCIATION (SUMMER 2011)

  • First attorney’s letter to the then Burning Tree Master Association president advised that “unless the Master Association has authority to make such assessments against the lot owners in Burning Tree South, then, the filing of any lien for failure to pay the assessment would be unauthorized and unlawful.  Filing of an unauthorized lien for failure to pay dues would constitute slander of title. Both the Master Association and you could be liable for treble damages, court costs and attorney fees in such a situation. “(Note this letter was sent to the BTMA President and when it says “you” in that last sentence it was referring to her, not to the homeowners.)
  • Second attorney’s letter stated: “Please provide the Burning Tree Master Association’s authority for filing liens against property located in the Burning Tree South Addition. If no authority exists, this letter is a demand that the Burning Tree Master Association cease and desist the filing of such liens and that it file releases of any such liens currently recorded. If the Burning Tree Master Association fails to comply with this demand, the affected lot owners may be forced to file a Quiet Title action to remove the cloud on their titles. In any such action, they would likely seek all available damages, including their attorney’s fees and court costs.”

TO DATE, BURNING TREE MASTER ASSOCIATION HAS FAILED TO PRODUCE ANY DOCUMENTS THAT SHOW THEY HAVE THIS AUTHORITY!  (The only two documents they have are the Articles of Incorporation and their By-Laws.  Should they go to court to attempt to put liens on homeowners their own  Articles of Incorporation state the members were to be the area associations, after the Declarant (61st and Memorial, Inc, which is now inactive) approved them. The Oklahoma Secretary of State does not show the associations were ever approved to be members.)

TAKE AWAY POINT
Oklahoma law provides that before any lien can be placed there are several important steps that the Burning Tree Master Association is required to do. This includes, but is not limited to, notification to “members” of any upcoming court date thus allowing “members” the right to defend them. (Besides “members” money may already be protected, from garnishment, under Federal and State laws.)

Depending on the outcome the Burning Tree Master Association could end up paying all court costs and attorneys fees, for each and every homeowner they attempt to lien.

GOOD NEWS FOR HOMEOWNERS: Should Burning Tree Master Association go ahead and put liens on without any authorization, attorneys have stated that in addition to Burning Tree Master Association being held liable board members could be also!!   And remember they said the Burning Tree Master Association board could be liable for treble damages, court costs and attorney fees in such a situation. “might be paid to the homeowner they have done this to.

HERE ARE THE STATUTES THE ATTORNEYS WERE REFERRING TO:

Oklahoma Statutes  Title 21. Crimes and Punishments

§ 1836.1. Execution of Deed to Remove Cloud  Any person, firm, or officer, representative, or agent of any firm or corporation, who has at any time violated the provisions of the above section shall, upon the written request of any person who has and holds any right, title, or interest in such real estate, immediately execute and deliver such deed or conveyance as may be requisite to remove from the record the cloud on the right, title, and interest of such owner to the title and possession of said real estate.

§ 1836.2. Failure to Comply With Demand – Damages  Any person, firm, or officer, representative, or agent of any firm or corporation, together with such firm or corporation, failing to comply with such demand to remove the said cloud upon the right to title and possession, shall be deemed to be guilty of a tort, and shall be held to respond in damages to the owner of any right, title, interest or right to possession of the real estate involved in a suit to quiet the title to said real estate in the amount of the cost, reasonable attorney’s fees, and other damage suffered on account of the said tort.

 
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Posted by on May 3, 2013 in Uncategorized

 

INFORMATION TO BE UPDATED SOON. CHECK BACK OFTEN

Please be patient. It is coming……

 
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Posted by on February 13, 2013 in Uncategorized

 

NOISE LEVEL CREATED BY UNION PUBLIC SCHOOL SYSTEM

Most residents of Burning Tree South, whose homes abuts Union School property to the West of Union High School, have been blessed by the noise and music that comes from the band and the stadium. 

About two weeks ago I sent a letter to Dr. Cathy Burden, the Union School Superintendent about the noise situation. Friday morning she called to talk to me about the noise problem and possible solutions to it. Dr. Burden asked for suggestions you might have to help alleviate this problem. 

I’ve enclosed a portion of this letter for you to read *. Please think about any legitimate suggestions you might have to help reduce the noise problem. I suggested a line of large mature trees from the North to the South end of the property line that abuts Burning Tree South or an attractive concrete noise barrier similar to the one you see beside express ways. 

Being realistic, we have to know that the concrete noise barriers would be cost prohibitive on such an extensive length of property. However mature trees and a sprinkler system to water them might be achievable. I’m hoping you will have other suggestions to offer. 

You can call Dr. Burden at 918-357-4321 or drop a note; to Cathy Burden, PhD – Superintendent, 8506 E. 61st. Street, Tulsa, Ok. 74133. If you prefer just give me a call at 918-250-4142 or e-mail me at gailhauke@cox.net with your suggestions. Should you choose to write to Dr. Burden please enclose your name and phone number so that she can contact you if she chooses. 

*UnionPublic School System                                                                        January 17, 2013

Cathy Burden, Superintendent 

Today I received The Communicator – Special Issue dated January 2013. As I read about the 20.4 million dollar bond issue on Tuesday, February 12, 2013 and the exciting plans Union Public School System had for the future, I was bewildered to see that once again the school system has totally ignored the ever increasing noise factor the High School stadium and the band creates for the neighborhood that abuts the school. 

As you have stated in the Communicator the stadium field is in use most of the time and the band must practice on the South parking lot of the High School. The music is so loud I can hear it in my house with all the windows and doors shut. I live three houses west of the South parking lot and the noise is so loud it might as well be in my back yard. The stadium’s loud speakers, the band, and the noise are deafening to the residents of Burning Tree South. I feel safe to say most of the apartment complexes that abut the High School are able to enjoy the same deafening noise on a regular basis. 

You now have plans for a grass infield at the new track complex on the north end of the High School complex, where in the future the band will be able to practice if the stadium is being used. While it is true you will be lessening the noise somewhat for the residents directly west and south of the High School, the residents on the North end are going to be bombarded with the same noise level I have been “enjoying” for years. To be perfectly honest it’s really a nuisance.

Many of the homes in Burning Tree South were built in 1978. Regardless of when the residents of Burning Tree South purchased their home, they probably had no earthly idea what happens when the stadium is in use and the band is playing. It’s impossible to describe the noise level and the sounds that come from the stadium’s loud speakers and the band’s music. You can hear these sounds at 6:00 in the morning and many times still at 11:00 at night. 

Every year we vote on another million dollar bond issue for Union Public Schools. Of course every year the bond issue is approved by the community. In my opinion it’s long past time for Union Public School System to correct the long overlooked problem of the noise level created by the High School stadium’s speakers, the band’s music, and the crowd’s noise. 

My question to you as the Superintendent of Union Public School System is WHY? Why has Union Public Schools not been a responsible neighbor and built a sound barrier to eliminate the noise level problems caused by the High School stadium’s speakers, the band’s music, and the crowd’s noise?

 
 

THE STREET TO DESTINATION NOWHERE

If you’ve driven South on 91st. E.Ave. recently you’ve noticed ONG working to move gas lines. Since the street dead ends there, I’m sure you’re asking yourself what’s going on. Logic tells us there are two possibilities, extending the street or perhaps paving 91st. E. Ave. since it was not touched last year when the other streets in Burning Tree South were paved.

The possibility of extending the street brings up some questionable outcomes. First and foremost where would the new destination lead us? If the purpose of the extension is access to 71st. Street, I see some obstacles. Let’s look at the three possibilities that come to mind.

First, extend 91st. E. Ave across the property owned by Union School’s to the alley in back of the strip shopping center where $ Tree is located. Then you could drive down the alley to the East finally reaching the access road recently constructed by the school that connects the school’s South parking lot with the East end of the strip shopping center and eventually you can traverse around to the light on 71st. Street. Or perhaps 91st E. Ave. could connect with the West end of the strip shopping center. There would still be a parking lot, a slow trip in front of the shops or the restaurant and finally an access road to the light on 71st. Street.

Second, you could run 91st. E. Ave. across Union School’s property and connect with the hotel parking lot. Then you would need to drive from the hotel parking lot to the access road that leads to Woodland Hills Mall access road. Eventually you would be able to drive around the mall and connect with the light on 71st. Street.

Third, 91st. E. Ave. could be extended across Union School’s property and connect with the valet parking lot on property owned by Woodland Hills Mall. You would have to slow down and not hit the garbage dumpsters or cars parked in the valet parking lot spaces. After missing these you could then access the road that runs around the mall. Eventually you would be able to drive around the mall and connect with the light on 71st. Street.

All three of these possibilities for the extension of 91st. E. Ave. to 71st. Street would be dangerous and almost impossible to navigate. You would be slowed down in your quest to reach 71st. Street quicker than the route you now take.

Union School System is somewhat like a multi-million dollar business. I feel certain the school system had a future purpose in mind when they purchased this land. I seriously doubt if a street running across their property, cutting it in half, and leading to nowhere is what they had planned.

Remember when the plans were announced to pave the streets in Burning Tree South. All residents received a letter from the City of Tulsa announcing the meeting to discuss these plans. This was mailed to all resident’s months before the bids were let for the project. Did you receive a letter from the City of Tulsa about extending 91st. E. Ave.? Of course NOT!

Several calls were placed to the City of Tulsa trying to find out what is really happening at the South end of 91st. E. Ave. We talked to INCOG who advised us to call the City of Tulsa Mayor’s Action Line and talk to the Street Department. The Street Design Department’s chief engineer advised us there are NO plans to open up 91st. E. Ave. being considered and NO letter of notice had been mailed to the residents of Burning Tree South. The chief engineer also advised us to the fact that extra money remained from the paving of Burning Tree South. He stated the City of Tulsa realizes there was a lot of damage done to 91st. E. Ave. and 67th. Street by the equipment used to pave the rest of the addition. It is the intention of the City of Tulsa to pave the remaining two streets in Burning Tree South with this surplus money. Of course the gas lines would need to be moved before they could begin to tear up the streets and rebuild them.

Please do not listen to rumors being spread about 91st. E. Ave. being extended.
The City of Tulsa is well aware of what will be happening to the streets they own. Remember the Certificate of Dedication of Burning Tree South assigned or dedicated the streets to the City. Call the City of Tulsa and talk to the Street Design Department if you have any questions. The Mayor’s Action Line telephone number is 918-596-2100, they will be glad to connect you.

 
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Posted by on January 28, 2013 in STREETS

 

ENLIGHTENMENT

The document viewing last Saturday and Sunday at the home of TeShauna Conrad certainly enlightened several residents of Burning Tree South Addition and the  Burning Tree Addition (incorrectly called “Burning Tree One” by some confused board members). In addition, at the BTMA Annual meeting last Monday night, the Burning Tree Master Association attorney spent about thirty minutes with TeShauna looking at ALL of the documents for each of the five additions.Together these two very different meetings have encouraged some residents of Burning Tree South, and  the Burning Tree addition to contact their personal attorneys about bringing suit against the BTMA .

Once you view the actual documents and understand what they actually say, it’s like a light bulb going off in your mind, you can immediately see and comprehend the meaning of each documents.   The only way  covenants for Burning Tree Addition (the first addition built and many times incorrectly referred to by some of the Burning Tree Master Association board members as “Burning Tree One”) and Burning Tree South Addition could have been amended to make Burning Tree South lot owners accountable to Burning Tree Master Association*) would have required a written instrument AFTER Feb 1993, signed by a majority of lot owners and filed with Tulsa County!!!!!     (* like the covenants of  Burning Tree Plaza, Burning Tree East and Burning Tree West)

OKLAHOMA STATUTES HAVE SPECIFIC REQUIREMENTS FOR A MERGER, AS DO BOTH THE BURNING TREE MASTER ASSOCIATION Articles of Incorporation and Burning Tree Area #4 Association, Inc.  However, there has never been a legal merger to allow Burning Tree Master Association to demand and/or take money and certainly not to lien lot owners, according to the Oklahoma Secretary of State. (Check out Janie Lyon’s response found in the comments section: here.)

Most of our residents have never had a chance to read the actual documents. Many of the ones who have lived here from the beginning were never allowed to see documents. (When TeShauna Conrad became BTMA President she began studying the paperwork and asking lots of questions. Immediately Paula Hendrix who TeShauna had replaced and Wanda Downen, former Vice President, went door to door taping a notice of a meeting to oust TeShauna, the same night  flyers were posted. This meeting violated Oklahoma law, the BTMA Articles of Incorporation and the BTMA  by-laws.

While residents did sign numerous documents at the closing on their homes none seem to have been given the required documents at closing. Title 60 Chapter 17 Section 852  (c)…. No lien may be placed or mortgage foreclosed unless the homeowner was informed in writing upon joining the owners association of the existence and content of the owners association restrictions and rules, and of the potential for financial liability to the individual owner by joining said owners association.  THINK ABOUT IT.  Did YOU receive this at closing when you bought your home or refinanced it?  Pull out your file and chances are you won’t find it.  Why? Because the Burning Tree Master Association is NOT your owners association. Your owners association has not been active for some time and the Burning Tree Master assoc is NOT your owners association. There has been no merger so they do not have the authority to take over for your owners association.

Many lot owners assumed if the Burning Tree Master Association assessed then they must have  the legal right, since the Burning Tree Master Association board of directors claims they have paperwork to do so. Of course, the Burning Tree Master Association board of directors has ignored requests of both lot owners and the attorneys hired by lot owners who have requested to see any legal documents that give Burning Tree Master Association ANY legal right to assess lot owners. (Burning Tree Master Association Articles of Incorporation state that the members are area associations that were approved by declarant. Both Richard Coffey and Joe Hirsch, Burning Tree Master Association board members have stated that you will find your obligation to the Burning Tree Master Association (if there is one)  within your addition’s covenants. Richard Coffey and Joe Hirsch are right- If you are obligated to the Burning Tree Master Association it will be in your covenants.   

TeShauna Conrad spent a large sum of her own money to buy a copy of the Certificate of Dedication for every area and had them blown up so each of us can look at our own area to see exactly what is stated in them. (Please contact her if you want to see what your areas covenants state.) Reading these Certificates of Dedication you will see that only  Burning Tree East, Burning Tree West and Burning Tree Plaza can be assessed by Burning Tree Master Association; however the Burning Tree Plaza covenants is the only one that states they are members of the Burning Tree Master Association.  Joe Hirsch was seeing it in his covenants. simply because his area is part of the Burning Tree Master Association.

 

Those who have depended on certain Burning Tree  Master Association board members and supporters for their information are furious that they have been led to believe untruths all these years.

In talking last night to one of the attorneys representing a Burning Tree resident, he made the statement  “In law 101 you learn that a precedent can not be applied to a contract.” The deeds of dedication  of each addition contain the covenants for that addition. The covenant is the contract you agreed to at the closing on your home. By doing so you agreed to abide by the rules and regulations contained within that covenant. The covenants of each addition very clearly states of which Association each lot owner is a member.

HOW HAVE BURNING TREE MASTER ASSOCIATION BOARD OF DIRECTORS GOTTEN SO CONFUSED?

 
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Posted by on September 27, 2012 in enlightenment

 

COVER-UP ON AMENDMENTS TO THE BURNING TREE MASTER ASSOCIATION BY-LAWS

The Burning Tree Master Association and it’s board of directors has for years deceived and manipulated the residents of Burning Tree by illegally passing amendments to the Burning Tree Master Association by-laws at board meetings.The board of directors took it upon themselves to vote in several amendments. These board members have circumvented the by-law requirements on amendments and broken the trust placed in them by the residents. Residents were never given the chance to vote on these amendments although the Burning Tree Master Association Board of Directors maintain that residents are the members and that is who they demand money from under threat of liens.  (Think about it……Were you ever notified of a vote to be taken?)   There are several Oklahoma statutes the Burning Tree Master Association Board of Directors are violating.)

Have they willfully broken the law? I believe they certainly did. The sad part is they are still trying to cover up their unlawful actions by asking you, the residents, to vote and legalize the amendments passed only by board members. Nowhere in the Burning Tree Master Association By-Laws does it say the Burning Tree Master Association board of directors has the power to amend the by-laws. Yet Julie Lindquist and the Burning Tree Master Association board of directors are asking the residents to ratify these illegal amendments. In my opinion they are doing this because they are terrified that all this will come out in court, which of course it will.

It is UNLAWFUL for the Burning Tree Master Association board of directors to amend the by-laws. This requires a vote of the residents as the Burning Tree Master Association by-laws state:

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.

THE INFORMATION BELOW WAS SUPPLIED BY THE BTMA TO IT’S BOARD OF DIRECTORS THIS YEAR. 

1. BTMA AMENDMENT 5/9/1981

Be it resolved that effective immediately, the by-laws shall be amended to provide as follows:

‘The President, and in his absence the Vice President, shall be empowered to carry on necessary and timely business by taking a telephone vote of the Board. An attempt shall be made to contact each Board member. The normal percentage needed to carry a motion shall be required, however, at the request of any Board member contacted by the President or Vice- President, the matter shall be tabled until the next regularly scheduled meeting or next special meting, whichever occurs first. The President shall cause a written memorandumof such note to be prepared and this memorandum shall be presented at the next regular meeting of the Board.

Frank Spiegelberg moved, V.H. Callaway seconded the above amendment be accepted. Motion carried unanimously.

THIS WAS NEVER APPROVED BY MEMBERS BUT THEY TRIED TO SNEAK IT IN.

Proposed Revision of BTMA Amendment (this is the one Julie said we would be voting on)

Article VII Meetings of Directors shall be amended to read as follows:

ARTICLE VII

MEETINGS OF DIRECTORS

4. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the approval of all the directors either in written or electronic form. Such written or electronic form of action or vote by any member of the Board of Directors shall be included in the minutes. Any action so approved shall have the same effect, as though taken at a meeting of the directors.   

2. BTMA Amendment 11/2/1982

Article X, Section 2 shall be amended to read as follows:

‘There shall be an annual review of the books and records of the corporation by an independent public accountant and a copy thereof shall be available for inspection at the office of the Corporate Secretary upon request by any member.

Jack Miles move, Ed Wardell seconded that the above amendment be accepted. Motion carried unanimously.

THIS WAS NEVER APPROVED BY MEMBERS BUT THEY TRIED TO SNEAK IT IN.

 Amendment to Burning Tree Master Association By-Laws

Article X, Section 2 shall be amended to read as follows:

“There shall be an annual review of the books and records of the corporation by an independent public accountant and a copy thereof shall be available for inspection at the office of the Corporate Secretary upon request by any member”.

Attest: Wendy Berezowski for Ed Wardell, Secretary of BTMA November 1982

WENDY BEREZOWSKI ATTESTS TO THE BOARD TAKING AN UNLAWFUL VOTE TO CHANGE THE BY-LAWS??????

How can Wendy attest to this, she did not live here then? A change to bylaws must be done by a vote of the members. Where are the supporting documents? Where are the minutes when the board decided to recommend this amendment be voted on by the members? Where is a copy of the letter sent to homeowners to tell them of the meeting to vote, where are the proxies and the votes that passed it and the minutes for the meeting where it passed?  

 

O. Roger Spencer accountant   an incorporator of Burning Tree Area #4 Association, Inc  –    Deposition taken under oath Nov 11, 1983 testified  for the lawsuit where the BTMA was plaintiff and 3rd party defendant  – He
stated the he was not aware that BTMA bylaws had ever been changed since incorporated ( Yet, Wendy Berezowski, who did not even live in the area until 1992, was willing in 2012 to attest to a by-law being amended.)

THIS WAS NEVER APPROVED BY MEMBERS BUT THEY TRIED TO SNEAK IT IN.

Since this amendment was never voted on by the members, making it legal, a CPA audit is still required as stated in the BTMA by-laws. 

Look at the following as it appears in the current by-laws:

  3. No director shall receive compensation for any service he may render to the corporation; however, any director may be reimbursed for his actual expenses incurred in the performance of his duties.

The BTMA wants this by-law to read:

3. BTMA Amendment 11/13/1984

ARTICLE VI BOARD OF DIRECTORS

3. Under most circumstances no director shall receive compensation for any services he may render to the corporation; however, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Upon a vote of 75% of the directors present at a regular or special meeting, a director may be compensated for work done on behalf of the association which would not be part of the director’s normal duties. Examples of compensable type activities would be manual labor (other than general work days) and actually handling mowing and clean-up chores.”

Amendment approved by Board of Directors.

THIS WAS NEVER APPROVED BY MEMBERS BUT THEY TRIED TO SNEAK IT IN.

4. BTMA Amendment 11/1/1983

Article VI Board of Directors shall be amended to read as follows:

ARTICLE VI

BOARD OF DIRECTORS

1.) The affairs of this Association shall be managed by a board of directors who need not be members of the corporation. The number of directors elected to serve until the annual meeting and until their successors are elected and qualified shall be five (5) directors , but in no case shall there be fewer than three (3). Thereafter, the number of directors shall be determined by the members present at each annual meeting. To the extent directorships remain unfilled after each member has elected two directors; any such vacancy shall be filled by directors elected by majority vote of all the members.

2.) Directors shall serve for a term of one (1) year and elections to the board shall be by secret written ballot. Any or all members of the board may be removed from office with or without cause by majority vote of all members of the corporation. In the even to death, (that is how it is typed) resignation or removal of a director, his successor shall be selected by the remaining members of the board and shall serve the unexpired term of his predecessor.

3.) No director shall receive any compensation for any service he may render to the corporation; however, any director may be reimbursed for his actual expenses incurred in the performance of his duties.

4.) Directors shall be elected by the members. The board of directors may appoint a nominating committee which shall make as many nominations for election to the board, in addition to those elected by the individual members as it shall in its discretion determine.

5.) The members shall be entitled to the following number of directors- Burning Tree Plaza, one; Burning Tree West, one; Burning Tree East, two; Burning Tree South, three. (Where is Burning Tree One? They are not mentioned)

THIS WAS NEVER APPROVED BY MEMBERS BUT THEY TRIED TO SNEAK IT IN.

We cannot allow this type of cheating and disregard for the residents to continue. Please read and remember what has been uncovered. Are you shocked by the behavior of your board of directors and it’s leaders?

 
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Posted by on September 23, 2012 in BY-LAW COVER-UP

 

MOWING AND CONCESSIONS

Below you will find the amount of YOUR assessment money used to pay for the mowing contracts during the years 2004-2012. You will notice that when the residents began to complain at the large amounts being spent on these contracts they miraculously began to decrease. It does pay to be informed and to stand up for your rights. Also note the amount of profit from the pool concessions and other instering facts.

2004-2005   Mowing costs $19,375.00

2005-2006   Mowing costs   $16,147.90
Total income for year   $-6,130.40.  (Notice the negative amount of income for the year)
$0 profits showed returned from pool concessions purchased by the BTMA
(Reimbursement receipts show BTMA bought the concessions.)

2006-2007   Mowing costs $20,573.25
Income for year     $43.10
$0 profits shown returned from pool concessions purchased by the BTMA.
(Reimbursement receipts show BTMA bought the concessions.)

2007-2008   Mowing costs $12,082.00
Net Income for year $19,771.23
$0 profits shown returned from pool concessions purchased by the BTMA.
(Reimbursement receipts show BTMA bought the concessions.)

2008-2009 
Pool Expenses $57,546.73  for 3 months (There are actually more than this but all  printing,
office supplies, postage related to the pool  were not coded to the pool. )

Mowing costs $12,657.58
Net Income for year $13,083.31


$$0 profits shown returned from pool concessions purchased by the BTMA.
(Reimbursement receipts show BTMA bought the concessions.)

2009 – 2010
Pool Expenses $69,052.20 –for 3 months  (The dollar amount was actually more than this but all  printing, office supplies, postage related to the pool  were coded elsewhere and not to the pool.)

Mowing costs $9,172.12

(Aug 2009 J&J Lawn Care submitted a bill for $1300. Dennis Phillips wrote on invoice “Paid check 7501 XTRA $50). Was paying above the amount of the invoice authorized?
Net Income     $-2,480.72 (Notice the negative amount of income for the year.)

 $0 profits shown returned from pool concessions purchased by the BTMA.
(Reimbursement receipts show BTMA bought the concessions.)
May 1-Sept 30, 2010 (Fiscal year started May 1, 2010)

Mowing and landscaping $8113.75 (for only 5 months)  

2010- February   8 -Paula reviews bids for mowing. States bidders need to be insured and licensed. 

2010 June 14 – Decided the BTMA will pay J&J to mow empty houses with unkempt yards. (Our homeowner’s dues are being used for that)

 
The board also hired HOW to mow difficult areas at $60 per hour and to do additional pickups in neighborhood. 

2010 July 28 - Tracy Campbell (who was on the board Sept 2009-Sept 2010) had a check issued for mowing invoice (check #7657) $780.00 (MOWING). July 26 letter Tracy Campbell wrote that it took 39 hours @ $40 an hour to mow which he said should be $780, but he’d take $700. He also said he was not bonded. Wanda Dowden issued the check for $780. (Uh, Tracy, not that it matters but isn’t 39 hours at $40 an hour $1560?) Do we pay $40 an hour for mowing??? 

2010 August 24 – Cody Merry had a check issued for mowing invoice (check #7627) $1400.00. Check is out of sequence. Why was Cody Merry being paid if the contract was with Tracy Campbell? Tracy’s contract with the BTMA states that he can not subcontract the mowing. 

2010 September 13 – According to the annual meeting notes, Tracy Campbell is listed with the board members of the BTMA. Shouldn’t Tracy have stepped down to accept the mowing contract? If he did not, he could not be paid to mow and could not have a contract dated in August. Where in any meeting notes does it show he was no longer a director?

2010-2011 Mowing $7,780

2011-2012 Mowing $7,550

 
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Posted by on September 23, 2012 in Uncategorized

 
 
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