Who is the member of the Burning Tree Master Association? Article V is where you will find that answer.
Title 18 Chapter 22 – Oklahoma General Corporation Act § 1013. Bylaws B. The bylaws may contain any provision, not inconsistent with law or with the certificate of incorporation, relating to the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its shareholders, directors, officers or employees.
Oklahoma Secretary of State
ARTICLES OF INCORPORATION
OF
BURNING TREE MASTER ASSOCIATION, INC
COUNTY OF TULSA ) SS:
TO THE SECRETARY OF STATE OF THE STATE OF OKLAHOMA:
We, the undersigned,N.D. HENSHAW, 9511 E 46 Street Tulsa. Oklahoma 74145
HOWARD K EDWARDS, Skyline East Building Tulsa. Oklahoma 74135
LAWRENCE L. MILAM, 3100 S Jamestown Tulsa. Oklahoma 74135
LeROY BLACKSTOCK, 300 Petroleum Club Bldg Tulsa. Oklahoma 74119
JOHN T. FORSYTHE 2325 S Harvard Tulsa, Oklahoma 74110have, in compliance with the requirements of the Non-Profit Corporations Act of the State of Oklahoma, associated themselves together for the purpose of forming a corporation not for profit ( and do hereby certify:
The name of the corporation is BURNING TREE MASTER ASSOCIATION, INC.
The principal office of the corporation is located at Third Floor, Petroleum Club Building, Tulsa, Oklahoma 74119.
LeRoy Blackstock, whose address is Third Floor, Petroleum Building, Tulsa, Oklahoma 74119, shall be the initial registered agent of the corporation, and Third Floor, Petroleum Building, Tulsa, Oklahoma 74119, shall be the initial designated registered office of the corporation.
______________________________________________
This association is formed for purposes not involving pecuniary gain or profit to its members and shall have no capital stock. The specific purposes for which this corporation is formed are to provide for the development, maintenance, and improvements so as to enhance and protect the value, desirability and attractiveness of certain real property within the tract of property described as follows:
Burning Tree, an Addition to the City of Tulsa, Tulsa County, State of Oklahoma, specifically described as:
The Northwest Quarter (NW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian;
The Northwest Quarter (NW/4) of the Southeast Quarter (SE/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian; and
The East Half (E/2) of the East Half (E/2) of the East Half (E/2) of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4) of Section 1, Township 18 North, Range 13 East of the Indian Base and Meridian, in the City of Tulsa, County of Tulsa, State of Oklahoma
and to promote the health, safety, and welfare of the residents within the above described property or any additions to that property as may hereafter be brought within the jurisdiction of this association by annexation as provided in these articles, and for these purposes to:
(a) own, acquire, build, operate and maintain recreation facilities and structures of any or all kinds for the use and benefit of members of the association (See Article V to see that only owners associations can be members) and their families and guests;
(b) fix, levy, collect, and enforce payment by any lawful means, all charges or assessments made for construction, maintenance, and operation of recreational facilities; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the association, including all licenses, taxes or governmental charges levied or imposed against the property of the association;
(c) Acquire (by gift, purchase or otherwise) own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of, real or personal property in connection with the affairs of the association,
(d) Borrow money, to mortgage, pledge, deed in trust or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, and
(e) Have and to exercise any and all powers, rights and privileges which a corporation organized under the Business Corporation Act of the State of Oklahoma by law may now or hereafter have or exercise.
MEMBERSHIP
Every Burning Tree Area Owners Association approved by Declarant shall be a member of this corporation. Membership in any Burning Tree Area Owners Association shall entitle the members of that organization to the rights of use and enjoyment of all facilities of the corporation.
There it states it is the Owners Association that were approved by Declarant that is the member…..not lot owners, yet BTMA board of directors demand money from lot owners whose association is not even approved to be part of the BTMA be given to the BTMA under threat of lien.. As anyone can read above lot owners are not members. The Owners Association is. The BTMA needs to take note that according to Oklahoma Statute Title 18. Corporations Chapter 22 – Oklahoma General Corporation Act §1014.1. Interpretation and Enforcement of the Certificate of Incorporation and Bylaws it states: 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.
Each member of the corporation shall be entitled to one vote and, unless otherwise specified, a vote of a majority of the members shall control. (By-laws cannot conflict with the Articles of incorporation according to the Oklahoma General Corporation act: § 1013. Bylaws, Since the Articles of Incorporation do NOT prohibit members who have not paid assessments from voting the BTMA must let all members vote; otherwise they have violated state law! The BTMA forced Linda Reeve to give them $500.00 at the annual meeting in Sept 2012, in order to vote…..and her subdivision is not even a member!).
BOARD OF DIRECTORS
(a) The affairs of the corporation shall be managed by a Board of Directors. The number of directors selected to serve until the first annual meeting or until their successors are elected and qualified shall be five (5). Thereafter, the number of directors shall be determined by the members present at each annual meeting. The number of directors elected shall be no fewer than three (3) and no more than forty-one (41).
(b) Each Burning Tree Area Owners Association may elect two directors at each annual meeting.
(c)The names and addresses of the persons who are to serve as initial directors for a term of one (1) year are:
N.D. HENSHAW, 9511 E 46th Street Tulsa, Oklahoma 74145
HOWARD K EDWARDS, Skyline East Building Tulsa, Oklahoma 74135
LAWRENCE L. MILAM, 3100 S Jamestown Tulsa, Oklahoma 74135
LeROY BLACKSTOCK, 300 Petroleum Club Bldg Tulsa, Oklahoma 74119
JOHN T. FORSYTHE 2325 S Harvard Tulsa, Oklahoma 74110
MERGERS AND CONSOLIDATIONS
To the extent permitted by law, the corporation may participate in mergers and consolidations with other non-profit corporations organized for the same purposes provided that such merger or consolidation shall have the assent of two thirds (2/3) if the votes of the entire membership.
Before there is a merger or consolidation there are other things required by the State of Oklahoma: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=67156
See, also, the Articles of Incorporation for each owners association as they too, contain requirements that must be met to merge corporations.
DISSOLUTION
The corporation may be dissolved by resolution approved by not less than two thirds (2/3) of the votes of the entire membership. Upon dissolution of the corporation, the assets both real and personal, shall be dedicated to the appropriate agency to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the association. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization, to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the corporation.
DURATION
The corporation shall be in duration for a period of fifty (50) years.
AMENDMENTS
Amendment of these Articles shall require the assent of 75 percent (75%) of the entire membership of the corporation.
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Oklahoma, we, the undersigned, constituting the incorporators of this Association, have executed these Articles of Incorporation this 26th day of November, 1975.
Signatures show:
N.D. HENSHAW,
HOWARD K EDWARDS,
LAWRENCE L. MILAM,
LeROY BLACKSTOCK,
JOHN T. FORSYTHE,
STATE OF OKLAHOMA )
COUNTY OF TULSA ) ss:
The foregoing instrument was acknowledged before me this 26th day of November, 1975, N.D. HENSHAW, HOWARD K EDWARDS, LAWRENCE L. MILAM, LeROY BLACKSTOCK, JOHN T. FORSYTHE
Notary Public signature (Shirley Clark) and seal is on there showing her commission expires Sept 27, 1979.
https://alongthebeatenroad.wordpress.com/2011/08/17/when-can-a-subdivision-change-the-covenants/
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