BURNING TREE EAST

Burning Tree East Certificate of Dedication was filed by Regency Park Inc 

PLAT 3741

Burning Tree East Certificate of Dedication states there are to be two Owners Associations: BURNING TREE AREA #5 ASSOCIATION, INC.  and BURNING TREE AREA #6 ASSOCIATION, INC  (It is very important to know which area your home is in!  Not sure?

Property Search — Tulsa County Assessor   <— click there Accept it, then look under subdivision Burning Tree East and click on your name and look for the “Legal Descripton” to find your lot and block.)

• April 9, 1980 BURNING TREE AREA #5 ASSOCIATION, INC. incorporated 2100348799. This Corporation was formed by Eilene Denzin, H.D. Akin, Clarence Zitterkob.  Lots 5-11, Block 1; Lots 1-18 Block 2; Lots 9-44, Block 3  (It was set up by homeowners, so in order for this to be a legal HOA Oklahoma Law requires that there be, on file, at Tulsa County a document that was acknowledged and signed by 100% of the homeowners before the homeowners set up a corporation for the HOA. It was never done.)
• BURNING TREE AREA #6 ASSOCIATION, INC  1-4 block 1; Lots 1-3 Block 3;& Lots 1-13 Block 4 (Where is this HOA corporation??) There is not even one on file with the Oklahoma Secretary of State.

The Covenants state: B. Lots One (1) through Four (4), Block One (1) One (1) through Eight (8). Block Three (3) and All of Block Four shall be designated as duplex lots. (This appears to be what was to be set up as BURNING TREE AREA #6 ASSOCIATION, INC but no one bothered to ever set up a corporation for them.)

 According to the Covenants the following were to be duplex lots  under Burning Tree Are #6 Homeowners Association.  However,  they ended up having homes built on the lots.  Since no corporation was ever set up for Area #6 and nothing filed at courthouse these homes should have never been assessed by Burning tree Master Association.

Block 3

• Lot 1 6253 S 87 E Ave
• Lot 2  6249 S 87 E Ave
• Lot 3  6243 S 87 E Ave
• Lot 4  6235 S 87 E Ave
• Lot 5  6227 S 87 E Ave
• Lot 6  6219 S 87 E Ave
• Lot 7 6211 S 87 E Ave
• Lot 8 6203 S 87 E Ave

Block 4

• Lot 1  6204 S 87 E Ave
• Lot 2  6212 S 87 E Ave
• Lot 3  6220 S 97^th East Ave
• Lot 4  6228 S 87 E Ave
• Lot 5  6236 S 87 E Ave
• Lot 6 6244 S 87 E Ave
• Lot 7  6252 S 87 E Ave

Duplexes were not assessed:

 Block 1

• Lot 1  8601 E 62 Pl
• Lot 2  8621 E 62 Pl
• Lot 3  8609 E 62 Pl
• Lot 4  8703 E 62 Pl

Block 4

• Lot 8 8605 E 63 ST S
• Lot 9  6235 S 86 E Ave
• Lot 10  6229 S 86 E Ave
• Lot 11  6221 S 86 E Ave
• Lot 12  6213 S 86 E Ave
• Lot 13   8602 E 62 Pl
• Lot 13   (Split lot)  6205 S 86 E Ave

BTMA will now have to get ALL of the homeowners above to sign and file the document with Tulsa County in order to form a HOA for that area of Burning Tree East to be called  BURNING TREE AREA #6 ASSOCIATION, INC. Some of the  homeowners in that area have actually  had liens filed against them by the BTMA.

A 1975 Oklahoma law http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=86146 has statutory requirements that  that those who form an “owners association” must file the document at Tulsa County showing that all homeowners at that time, acknowledged and signed prior to the forming of a HOA. ( Statue amended in 1986 to require that homeowner’s who purchased after the HOA was formed, were informed in writing. (If they were, wouldn’t the BTMA have records to prove that homeowners acknowledged they were provided with the information? And if the BTMA does not have proof that a homeowner was advised then it is their word against the homeowner’s that they were given anything in writing?) 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.  If there was no legal paperwork filed, it appears that the HOA could only be voluntary, not mandatory.

This Oklahoma statue is very specific about the purpose of a homeowners association: An “owners association” may be formed by the owner or owners of real estate development for the purpose of:

1. Providing management, maintenance, preservation and control of commonly owned areas (Burning Tree East owns no common areas according to Tulsa County) or any portion of or interest in them, and/or

2. Enforcing all mutual, common or reciprocal interests in or restrictions upon all or portions of such separately owned lots, parcels, or areas, or both. The Covenants found within the Deed of Dedication filed for Burning Tree East, did not allow HOA board of directors to enforce anything. They were written so enforcement is left up to individual homeowner to handle, if they have a problem with their neighbor.

The Burning Tree Master Association Articles of Inc states that the Declarant was to approve the Area Homeowners Associations. However, according to the office of the Secretary of State the Burning Tree Master Association Articles of Inc. was never amended to show that BURNING TREE AREA #5 ASSOCIATION, INC. had been approved to be a sub-association of the Burning Tree Master Association. BURNING TREE AREA #5 ASSOCIATION, INC. is a “stand alone” corporation and not part of the Burning Tree Master Association nor tied in with any other of the subdivisions. (Ditto for BURNING TREE AREA #6 ASSOCIATION, INC since it was never set up.)

Note that there are duplexes and apartments within this HOA and they should be required to pay HOA dues, if the other property owners are required to do so. This is discrimination toward both those who are not allowed in  by the BTMA refusing to assess duplex and apartment owner and also against the homeowners who have been forced to pay (to take up the slack) when duplex and apartments owners have not been required to pay.