ANSWER FOUND IN BURNING TREE SOUTH COVENANTS:
H (c) Membership in Home Owners Association.
Any owner of any lot within said subdivision shall become a member of Burning Tree Area #4 Association, Inc. by purchasing a lot within said subdivision and memberships there shall thereafter be appurtenant to the ownership of said lot. One cannot be transferred without the other. Voting within Burning Tree Area #4 Association, Inc. will be on the basis of one vote per dwelling unit owned, and the assessment will be made on a “per dwelling unit” basis. Each and every lot owner shall have an easement to use the facilities of the Association of which said lot owner is a member, and of the Burning Tree Master Association, subject however, to the rules and regulations thereof. Membership in the Association shall be subject to assessments for the actual cost of maintenance, repair and upkeep shall be a lien upon any lot of any owner in said subdivision, for the unpaved areas of the Boulevard and facilities as designated on the overall developmental plans for Burning Tree. Annual assessments for maintenance, repair, and upkeep shall be a lien upon any lot of any owner in said subdivision,and shall be subject to enforcement as provided in the By-Laws of the Association.
H (d) The owner of any lot, by acceptance of a deed therefor, shall be deemed to have accepted membership in the Burning Tree Area #4 Association, Inc. agreed to abide by the rules and regulations of the Association concerning the use of the facilities, open spaces and recreation areas; and agreed to pay assessments made for the maintenance, repair and upkeep of the common areas of the Association.
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WHAT THAT IS SAYING: Both H (C) and H (d) clearly state that by accepting the deed lot lot owners in Burning Tree South Addition became a member of Burning Tree Area #4 Association, Inc. and agree to pay assessments to Burning Tree Area #4 Association, Inc for the ACTUAL maintenance, repair and upkeep. Notice that it does NOT state that lot owners become members of Burning Tree Master Association. (Not also that Burning Tree Area #4 Association, Inc. owns nothing so with nothing lot owners cannot be assessed for ACTUAL maintenance, repair and upkeep.)
The Burning Tree South Addition covenant shows that lot owners in Burning Tree South Addition do have an EASEMENT* to use the Burning Tree Master Association facilities, if lot owners follow the Rules and Regulations of Burning Tree Master Association. (The covenants have NOT been amended to make lot owners in the Burning Tree South area members of Burning Tree Master Association, Inc. nor have the Burning Tree Master Association articles of incorporation, which state that it is only Owners Associations that have been approved by declarant, that are the members of the Burning Tree Master Association. As the BTMA board has pointed out repeatedly the declarant would have declared it, not in the BTMA Articles of Incorporation but in the Certificate of Dedication. So, are the covenants being violated by assessing/liening lot owners who are not members?
*An Easement is a right not an obligation.
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