The letter attached should already be in the hands of the BTMA. I wanted to inform the BTS Board Members of the actions I have taken after hearing about the same actions three other homeowners took regarding the authority of the BTMA on assessments and liens in South’s HOA. It is my sincere desire to have a peaceful resolution to the matter at hand.
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RIGGS, ABNEY, NEAL, TURPEN, ORBISON & LEWIS
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS AT LAW
FRISCO BUILDING
502 WEST SIXTH STREET
TULSA, OKLAHOMA 74119-1016
(918) 587-9762
Fax (918) 585-1142
(800) 722-0302
Burning Tree Master Association, Inc.
Board of Directors
P.O. Box 4444
Tulsa, OK 74155
Re: Dispute of Assessments
Members of the Board:
I am writing on behalf of a lot owner in Burning Tree South Addition. They have asked that I examine the authority by which the Burning Tree Master Association files liens against property in Burning Tree South Addition.
I have reviewed the Plat and Dedication filed for the Burning Tree South Addition which was recorded in the land records of the Tulsa County Clerk’s office on August 25, 1976. The Plat and Dedication states that any owner of a lot is a member of the Burning Tree Area #4 Association, Inc., and that membership in the Association shall be subject to assessments. It further states that “[m]aintenance assessments by Burning Tree Area #4 Association, Inc., shall be a lien on the lot assessed.” I could not find any provisions that granted the Burning Tree Master Association the authority to assess fees or record liens against the lots of property owners in Burning Tree South Addition.
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.
Sincerely,
Scott W. Byrd
For the Firm
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WHAT HE WAS 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.
alongthebeatenroad 