Voting Rights of Members of Burning Tree Master Association.

Oklahoma Statutes Title 18, Chapter 22

• § 1057. Voting Rights of Shareholders – Proxies – Limitations- A. Unless otherwise provided for in the certificate of incorporation and subject to the provisions of Section 1058 of this title, each shareholder shall be entitled to one vote for each share of capital stock held by the shareholder.
• § 1058. Fixing Date for Determination of Shareholders of Record states A. In order that the corporation may determine the shareholders entitled to notice of or to vote at any meeting of shareholders or any adjournment thereof, the board of directors may fix a record date, which record date shall not precede the date upon which the resolution fixing the record date is adopted by the board of directors, and which record date shall not be more than sixty (60) nor less than ten (10) days before the date of such meeting.

Articles of Incorporation trump the by-laws Burning Tree Master Association Articles of Inc state: ARTICLE VI VOTING RIGHTS Each member of the corporation shall be entitled to one vote. A corporations by-laws cannot conflict with the corporations articles of incorporation (which are filed with the Oklahoma Secretary of State). This means that if Burning Tree Master Association board of directors allege that Burning Tree South lot owners are the members  then the Burning Tree Master Association by-laws cannot be written to exclude any lot owner  from voting if the lot owner has not paid the Burning Tree Master Association’s demand for money.

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Burning Tree Master Association

• Articles of Incorporation: ARTICLE VI VOTING RIGHTS 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 :  ARTICLE V  MEETINGS OF MEMBERS 5.  At all meetings of members, each member may vote in person or by proxy.  All proxies shall be in writing and filed with the secretary prior to the beginning of any meeting where the proxy is to be exercised.  Every proxy shall be revocable.

 

Remember Burning Tree South lot owners do not claim to be members. It is Burning Tree Master Association board or directors who claim Burning Tree South lot owners are, even though Burning Tree Master Association‘s own Articles of Incorporation state it is not lot owners who are members. Nor do the covenants of Burning Tree South Addition state that Burning Tree South Lot owners are members.

Attorney/Burning Tree South homeowner/President of the BTMA Frank Spiegelberg advised in May 1981 that it is not the homeowners who are the members.