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?

 

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?

 

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

 

DOCUMENT VEWING

We appreciated all the residents who attended the special meeting at TeShaunas on Saturday afternoon. We had a great turnout and learned some very interesting facts by studying the legal documents of Burning Tree. 

Anyone who could not make that meeting is welcome to come by anytime Sunday until 5:00 pm to view the documents. The address is:

9023 E 68^th Street

TeShauna Conrad

918-504-8102

 

YOU’RE INVITED

Hi,

Many of us have wanted to see the legal documents for ourselves but the words were too small to see. 
I purchased documents from the City of Tulsa and the Oklahoma Secretary of State and had them blown up.
I paid  $90 to do this but I wanted everyone to see the truth; no more having someone from the BTMA give wrong information and we just accept it as fact because we can’t see the documents.

Please come to my house at  9023 E 68th St on Saturday Sept 22, 2012 at 4:00. It won’t take long.

TeShauna Conrad
918 504-8102

 

WHAT YOU SHOULD KNOW ABOUT THE RECONVENED BTMA ANNUAL MEETING 2012

The reconvened BTMA Annual Meeting will be at 7:00 pm on Sept. 24, 2012 at the pool. Since a reconvened meeting is in actuality a continuation of the original Annual Meeting, with only a short pause, only the items talked about at the original meeting can be voted on at the reconvened meeting. 

Julie Lindquist clearly stated that only ONE amendment would be voted on. That one amendment is the telephone and e-mail voting amendment. She also stated that there would be an election of officers. There are several recordings of this statement if anyone would like to hear it. 

The notice of the Burning Tree Annual Meeting mailed to all residents clearly stated that “During the Annual meeting the following topics will be covered:” 

1) A brief overview of last years’ accomplishments. 

2) Voting on a new slate of BTMA Directors. 

3) Amendments to the Association’s By Laws 

The Burning Tree Master Association did not inform the Burning Tree residents that they intended to vote on Amendments to the by-laws only that Amendments to the Association by-laws would be covered (discussed) during the meeting. The BTMA was counting on several of you signing your proxy and turning it into the board of directors to be voted on at the board’s discretion. That’s definitely one way to stack the vote in the favor of the BTMA board of directors. Is this any way to honestly and fairly run the BTMA? Several residents might have attended the annual meeting in person and not used a proxy if they had known about the vote on even ONE AMENDMENT to the by-laws. Our residents are wise enough and educated enough to know what an amendment to the by-laws could mean to their lives. 

I fail to understand why the BTMA board of directors does not want the residents of Burning Tree to know what the wording and meaning of the proposed amendment to the by-laws is in advance of the meeting. They must be trying to put something over on the residents. No one could be that afraid of the truth! 

The failure of the BTMA and its board of directors to act in a proper manner remind me of a communist regime in which a single authoritarian party tries to control everything. The regime works overtime to keep the residents from knowing or understanding what is happening. They seem to think that if you don’t know what is happening you can’t complain about it. We should rename the board of directors “the board of dictators”. We simply cannot allow the actions of the BTMA to continue in this manner. 

The current by-laws of the Burning Tree Master Association state: that regular meeting of the board shall be held monthly without notice at such place and hour as may be fixed from time to time by resolution of the board. In other words the BTMA can have all the secret meetings they want and do not have to tell you in advance about the meeting. THE RESIDENTS OF BURNING TREE WILL NEVER KNOW WHAT THAT COMMUNIST REGIME IS DOING THAT DIRECTLY EFFECTS YOU AND ME. If we, the residents, want to change the by-laws this is certainly one we need to insist be changed immediately. The BTMA board of directors has already lost our trust and support by their actions and deeds. We deserve better than this. 

Ask yourself why only changes to the by-laws are allowed if the BTMA board of directors wants them to be changed. Why do the residents not have a say in what changes are proposed to the by-laws? The truth is they do not have this authority unless you give it to them. Insist on you rights. Remember YOU supply the money the BTMA board of directors spends on only that which they deem fit and proper. Your suggestions and desires are not even considered by this communist regime. Stop this tyranny and take back the board of directors for the people of Burning Tree. 

If you have already given the BTMA your proxy you can revoke, or change your mind, about the proxy and have it returned to you. I would make this a written request or they will not pay any attention to you. Be sure and revoke the proxy before the start of the reconvened meeting on Sept. 24, 2012. SEE YOU AT THE MEETING!!!!!

 

RECONVENED ANNUAL MEETING 2012

Because of quorum requirements not being met, the reconvened Burning Tree Master Association Annual Meeting will be held at 7:00 pm on Sept. 24, 2012 at the pool.

The president of the BTMA, Julie Lindquist stated that there was only ONE amendment to be voted on during the original annual meeting. Whether this is true or not we must DEMAND that any and all amendments to the BTMA by-laws be presented in legal written form in advance to ALL residents before calling for a vote. If the BTMA refuses to do this, the residents should insist on adjourning the meeting and not voting on the amendments until such time as the BTMA is willing to mail ALL amendments to the by-laws to each resident in advance of a vote. 

As stated by Julie Lindquist, the amendment to be voted on will allow phone and e-mail votes to be taken instead of calling a special meeting. What exactly does this mean? Is this amendment only for board meetings or for any meeting involving members voting? How will the members vote? Do they not realize how many residents do not have computers or even check their e-mails on a regular basis? Are these phone or e-mail votes to be kept secret or will they be posted in the board meeting minutes for that month? How will the members know what the board has passed in secret that affects them? 

Some of these questions could be laid to rest; if the residents were given the exact legally worded proposed amendments as they will appear in the by-laws at least ten (10) days in advance of the vote. What’s the big deal and why is the BTMA so secretive about what’s in these proposed amendments?  

Have you ever looked at the Burning Tree Master Association web site? Their meeting minutes consist of only a brief sentence and no details. The residents already DO NOT know what is taking place at the board meetings. The BTMA already fails to adequately inform you about what is truly happening in Burning Tree. Can you imagine what will happen if they have secret phone or e-mail meetings and votes? Don’t you think that the reason for such brief meeting notes is that these notes would prove very little if used for evidence in a court of law? I certainly do. 

A prime example of secrecy is the fact that they will not give residents a list of the proposed amendments to the by-laws in advance. Residents have the right to know what the amendments to the BTMA by-laws are going to be and why these amendments, in their legal written form, have not been given to the homeowners in advance.  Every resident should be able to read and understand what each amendment’s wording, meaning, and affect on the on them will be. How can you make an intelligent decision if you have not studied the amendments? It seems obvious that the Burning Tree Master Association is afraid to let ALL residents of Burning Tree read in advance what the proposed amendments to the by-laws are. They must be concerned we will vote a big NO, NO, NO. 

The apathy among a majority of Burning Tree residents for the Burning Tree Master Association board of directors is evident by the lack of attendance at the board meetings. We should be very concerned about what they are doing.  There is no confidence in the actions taken by the Burning Tree Master Association. The BTMA board of directors has managed to “run off” anyone who might have attended their monthly meetings and express a different point of view. In my opinion this was done by design. Only the loyal supporters of the BTMA seem to attend their meetings. 

Think about this hypothetical scenario, the proxy mailed by the BTMA for the Annual Meeting stated it is good for the annual meeting and all subsequent meetings thru Oct. 10, 2012. If the BTMA manages to receive enough proxies and get the phone and e-mail amendment passed you know what’s going to happen. During one of their secret phone or e-mail votes the BTMA will use those open-ended proxies to pass as many other amendments as they so choose and the residents will not be the wiser. We the residents of Burning Tree who pay the assessments that the BTMA board of directors spend as they see fit will be rooked once again. We will only know about the changes when things start being done differently and the BTMA states that “it’s in the by-laws.” 

Let’s not let this hypothetical scenario happen. Attend the Annual Meeting and record everything that is said or even better make a video of the proceedings. Remember a meeting can only be reconvened once, after the reconvened meeting is adjourned a new meeting must be called. Make sure you asked if the proxies will be used again before Oct. 10, 2012, should they answer YES ask what the proxies would be used to vote for. Any vote on other amendments after the reconvened Annual Meeting is adjourned would be illegal.

 

BURNING TREE 2012 ANNUAL MEETING

The Burning Tree Master Association annual meeting was held Monday night, Sept. 10, 2012. The meeting was unable to proceed because of quorum restrictions. To have a legal meeting and vote there must be enough homeowners or proxies present to equal the 50% plus 1 needed to conduct business. The reconvened meeting will be on Sept. 24, 2012 at the pool. As stated in some of our earlier posts this was the plan. At the reconvened meeting the Burning Tree Master Association only needs to have a quorum of 25% plus 1 of residents present in person or by proxy to have a legal quorum. There is a 75% of a quorum need to ratify an amendment to the by-laws. The key word here is quorum. 

One of the most astonishing facts at Monday nights meeting was that some of the residents attending know the legal facts and documents concerning the Burning Tree Master Association and the five areas associations. These residents spoke up and stated their knowledge for all to hear. Several times they corrected the statements made by Joe Hirsch in his attempt to help Julie Lindquist out because she didn’t seem to understand the documents or to be able to answer questions being asked. It’s hard to believe that the president of the Burning Tree Master Association does not know or understand the Articles of Incorporation, By-laws, and Covenants governing the BTMA or the other five areas homeowners associations…since she has been on the board for so many years. 

Each of the five area homeowners associations are separate corporations, as stated by the Oklahoma Secretary of State. Each area has slightly different worded Articles of Incorporation, By-laws and Covenants that must be studied on an individual basis to have a good understanding of the whole picture. There has never been a merger between the five area homeowner associations and the Burning Tree Master Association, as was posted by Janie Lyon and Wendy Berezowski. This fact has been reiterated by the Oklahoma Secretary of State’s office, the official Articles of Incorporation for each of the five associations and the BTMA have never been amended. Therefore we remain to this day six different corporations not tied together in any way. 

The homeowners present at the annual meeting demanded to know what the amendments to the BTMA by-laws were going to be and why these amendments, in their legal written form, had not been given to the homeowners in advance so that they could read and understand what each amendments wording, meaning, and affect on the residents would be. The written minutes of the August 6, 2012 board of directors given to all residents present at the annual meeting stated that there would be several amendments to the BTMA by-laws to be voted on. After much discussion among the residents and the president of the BTMA, Julie Lindquist stated that there was only ONE amendment to be voted on. The amendment to be voted on will allow phone and e-mail votes to be taken instead of calling an actual meeting. Is this amendment only for board meetings or for any meeting involving members voting? How will the members vote, do they realize how many residents do not have computers? Are these phone or e-mail votes to be kept secret or will they be posted in the board meeting minutes for that month? How will the members know what the board has passed in secret that affects them? Lots of questions asked, but NO ANSWERS. 

Something is rotten in Denmark as the old saying goes. How can the BTMA publish the written minutes of their August 6, 2012 board of directors meeting stating that there are several amendments to be voted on at the annual meeting and have the president, Julie Lindquist, state at the meeting that there is only one? Someone is not telling the truth. I’ll let you decide which one that is. Why is the BTMA board of directors terrified to let the residents see the proposed amendments to the by-laws before the meeting? I believe the board knows the residents will understand the amendments and overwhelming vote NO.   

In February or March at the BTMA monthly board meeting Julie Lindquist presented the board members with a proposed list of several amendments to the BTMA by-laws. In conversation with one board member a few days before Monday nights annual meeting it was stated that he did not have a list of all the amendments to be voted on at hand but was sure that there were at least two amendments on the agenda. One was the e-mail, phone vote and one on allowing the BTMA to have a CPA Review instead of a CPA Audit each year. 

We all remember Wendy Berezowski stating that she attested she found a signed amendment to allow the review instead of an audit. There were several protests to this because there are NO records supporting the authenticity of this document. No records have been found to support this such as the voting records, quorum requirement being met, meeting notes, proxies, mailed legal meeting notice, etc. In talking to several residents who were homeowners when the alleged voting took place, they have stated that they DID NOT receive a mailed legal meeting notice for the purpose of voting on this or any other amendment. GUESS WHAT THE BTMA BOARD HAD A CPA REVIEW PERFORMED THIS YEAR FOR THE LAST THREE YEAR’S BUSINESS. You can check this out on their web page. They can’t prove the supposed amendment to allow this is valid and they did it anyway. The by-laws of the BTMA clearly state that they must perform a CPA Audit annually, which of course they have NEVER done. It’s no wonder that they want you to legalize yet another of their snafus. When will all this end? 

It is important to remember that until the last year or so the Burning Tree Master Association NEVER followed their by-laws concerning meeting quorum requirements. They voted even if a quorum was not present. In other words if only 10 or 20 residents or proxies were present at the annual meeting they voted and passed whatever those few people decided. Even though the vote was NOT LEGAL the BTMA proudly followed the will of only a few handpicked residents, many of them board members who wanted their own agenda followed. They seem to believe to heck with the by-laws, we don’t like them so we’ll just make up our own as we go along. Doesn’t the action of both past and present BTMA board of directors just make you want to throw-up? 

The most disgusting,appalling, and I belived carefully planned event of Monday nights BTMA meeting was the outrageous treatment of Te Shauna Conrad by Elayne Coffey and Joe Hirsch. Elayne and Te Shauna were having a discussion about events that have been happening in the Burning Tree area and the continued harassment of Te Shauna and her children. While they had to sometimes raise their voices to be heard above the din of others talking around them, the conversation remained civil. Several witnesses seated around Te Shauna and Elayne have verified this fact. Te Shauna stated that her lawyer was preparing a Cease and Desist Order against the BTMA because of the harassment she has endured. 

Joe Hirsch was heard to call the police by several residents about Te Shauna causing a disturbance at the meeting. When Te Shauna left the meeting to retrieve several documents she needed from her car she was prevented from even reaching her car or returning to the meeting by the police. By the time the police released her after talking to Te Shauna and several witnesses to the above mentioned conversation the meeting had been adjourned. Why do you think the BTMA is so afraid of Te Shauna? Could it be that when she began exposing them they tried to silence her? Te Shauna knows her facts and will not back down from anybody? Perhaps the BTMA board of directors does not want an educated knowledgeable person to speak about the legal documents. Te Shauna has served in Iraq to help preserve our rights of freedom and of free speech. Wake up BTMA board of directors no longer can you stem the tide of truth that is sweeping our neighborhoods. The residents of Burning Tree deserve to know the truth and the type of individuals who make up the BTMA board of directors. Monday night’s meeting is a prime example of the BTMA board of director’s behavior.  

There are several events that happened Monday night to Te Shauna that disturb me. First of all if Joe Hirsch believed the conversation was getting out of hand why didn’t he or another board member simply walk over and try to calm the alleged situation down? Second, why did he call the police? Enough witnesses are willing to verify the events of the evening to make his accusation false. Also several recording of this conversation are available should anyone wish to hear the conversation first hand. Third, since the police stopped the first black person to leave the meeting don’t you imagine that Joe Hirsch described the person creating a disturbance as being black? Somehow the police knew which person to stop and question about the alleged disturbance. Since when is it creating a disturbance to disagree with a member of the BTMA board of directors? Get real Joe! Fourth and perhaps most important is that racial discrimination can not and will not be tolerated in Burning Tree. 

The residents of Burning Tree should be ashamed and humiliated by the events at Monday night’s annual meeting created by certain members of the board. Perhaps its time we remove the current board members and vote to install new members. Think about it, could new board members do any worse than this board has done? 

You might ask if the reason the Burning Tree Master Association does not take nominations for candidates before the meeting is so that they are assured that their career board member buddies remain on the board year after year? All the career board members need to do is show up on election day. Their buddies will have collected enough proxies to get them elected. Ask yourself these questions… 

  1. Who exactly are the candidates you will be voting on, career board member?

  2. When were the nominations made for the candidates, only at the annual meeting?

  3. When were we, the residents, going to be notified that nominations were being accepted if we wanted to be a director or to nominate someone, only at the annual meeting?

  4. What are the qualifications of the candidates, it seems all you need to do is accept the nomination made only by the residents who attend the annual meeting? 

Why did the BTMA not discuss the information they could legally talk about Monday night, for example the lawsuit against all current and former board members, the ADA, the financials, and the exact wording of the amendments they are determined to pass? Why were they in such a huge hurry to have people leave the meeting? They must be hoping there will be fewer informed people at the reconvened meeting who will vote for anything the board suggests, mistakenly thinking the BTMA has their best interests at heart?

 

CIVIL COURT SUMMONS

By now the Burning Tree Burning Tree Master Association will have been served with a summons No. CV-2012-1117 taking them to the Tulsa County Civil Court so they may explain why their financial audits have not been provided as per my original demand letter dated in July. They will also need to prove by what authority they have to assess individual homeowners in Burning Tree Area #4 (the South), an independent corporation with no ties to the Burning Tree Master Association, according to The Oklahoma Secretary of State. I, among others have requested those records, and have questioned their authority. I am doing this as a private individual, not as president of the South or it’s Registered Agent. As they have chosen to ignore their by-laws and assess and lien the individual homeowner. In demanding you relinquish money they are not entitled is unlawful. Then to make matters worse once they have it they have never offered a substantiated explanation as to how your money is being spent. My action represents the truth: “Deeds done in darkness will be brought to the light”. I am not going to try my case here, but be advised that I will put to task, bring to light all of the mistakes, intentional or otherwise by the Burning Tree Master Association. Their actions for over 30 years were done to keep the other 300 or so homeowners in the dark. These transgressions date back to the beginnings in the 70’s and until now no one has called them out and have brought it to a forum that will not be controlled by shouting or the mob mentality that had often arose in past meetings. In a court room the judge is the only person allowed to speak. All others do so at her request. There are those who have tried to shut me up and discredit me using “Swift Boat” tactics with false and malicious accusations, the latest being I have used my dead mother-in -law’s senior exemption to pay less in property taxes. For the record I pay $1883.00 a year…more than most of you. There are no Homestead, or Additional Homestead exemptions, no Senior or Veteran’s exemption as shown in the Tulsa County Assessor’s website. Again another act of desperation, because they prefer to be in the shadows and use lies as their pre-emptive option. I say no more shadows let those responsible for these actions be brought forward and explain themselves. If you have any anecdotes documents or information you have to help me in this cause, as others have it would be greatly appreciated. Thanks – Joe Nappo

 

ANNUAL MEETING PROXY

GIVING OUR PROXY TO SOMEONE COULD BE THE MOST FOOLISH THING ANY OF US COULD EVER DO!
Protect your proxy, as the BTMA has NOT provided an agenda for your proxy. You may hand your proxy to someone who does not represent your best interest, no matter what they say.If you read the authorization in your proxy you will give the person you designate the right to vote on your behalf until October 10, 2012. That would be up to the October monthly meeting.Among the things that may be brought up:

• Special assessments for the pool ADA issue. They have to pave the parking lot and address other access issues. Could be as high as $30,000.
• The changing of by-laws to authorize financial reviews instead of audits. You’ll never know where your money has gone.
• Payouts and bonus to whomever they want. And with a financial review instead of an audit, again you’ll never know.
• Payments insuring the pool and the Board. One is necessary, the other isn’t. But are we getting the best deal, or is this another sweetheart deal feathering someone’s nest? Again if you’ve given away your proxy you’ll probably never find out.
• Raising your annual assessments, once again too late.

IF ANYTHING PUT TO A VOTE A SYSTEM TO CONTROL THE CUSTODY OF PROXIES.

The career Board Members have relied on your not caring…Your misplaced trust. And it has cost you dearly.They insist they are your neighbors, but for the past 30 years they have sold you a bill of goods.

Did you know that HOA’s are a multi million dollar business? They have consultants and books on how to maximize PROFITS. Go to Amazon and type in Homeowner’s Associations or HOA’s.

Many books begin with this:

From housing just 2 million Americans in 1970, common interest communities had grown to house 57 million, or 19% of the American population, by 2006″. With those number someone’s going to make a buck out of it.

It has happened in the past, year after year as they scurry around collecting up proxies to vote them any way they want. And you wonder why there is such an awful mess.

They will let you all know how it turns out, after the damage is done. Remember that once you hand over your proxy you are giving them free rein over your destiny – you are doing so at your peril.