Certificate of Incorporation Forms and Procedures (not for profit)
When you click on it, on the second page of that document it states “I hereby execute the following articles for
the purpose of FORMING an Oklahoma not for profit corporation pursuant to the provision of Title 18 Chapter 22
Formation of a corporation § 1006. Certificate of Incorporation – Contents). This link provides the requirements
that must be met to form a corporation. These include the name of the association, the registered agent, the duration
of the corporation, the nature of the business, the number of directors, the incorporators and the execution.
The Oklahoma Secretary of State received the document to form Burning Tree Area #4, Association Inc It was
filed December 1, 1978, by Larry S. Lyon, Edward B. Wardell, James W. Collins, Raymond A Hall, Frank D.
Spiegelberg, O. Roger Spencer, James R. Parkhurst and Bruce P. Hunter.
Click on the light blue..... 
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Burning Tree South covenants were filed in 1976 and mentions the Burning Tree Area #4, Association, Inc (which was not even formed until over 2 years later, according to the Secretary of State’s office.)
Just putting in the Certificate of Dedication the name of the unformed corporation does not form it. There are legal requirements to form the corporation which was the association AND also steps that must be taken
to get approval from lot owners because they owned the lots when the association was formed.
Burning Tree South covenants filed Aug 25, 1976 state 1. C Lot 1, Block 1 and Lot 19, Block 4. shall be maintained by the Burning Tree Area #4 Association Inc . formed for that purpose.
However, Burning Tree Area #4 Association Inc . wasn’t formed until 1 Dec 1978 (over two years later), according to the Oklahoma Secretary of State’s office.
Was the association formed (a) when the developer filed the Certificate of Dedication or (b)when the paperwork was actually filed with the Oklahoma Secretary of State
State of Oklahoma Certificate of Incorporation Forms and Procedures (not for profit) see page 3 “for the purpose of forming” (PRINT)
What it takes to form a corporation, which this association is:
How to Form a Corporation these essential steps must be taken.
How to Form an Oklahoma Nonprofit Corporation | Nolo.com
In the Covenants it states in H (c) Membership in Homeowners Association: Any member 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 therein shall thereafter be appurtenant to the ownership of said lot. (It mentions the Association also in H (d) and H (e). Thus,
the ASSOCIATION is Burning Tree Area #4 Association Inc which was not formed for over 2 years after the covenants were filed.
Since the Association was not formed until 1978 it is important to note:
A 1975 Oklahoma statute Title 60. Property Chapter 17 – Real Estate Development Section 852 – Owners Association
requires that those who form an “owners association” must file an instrument at Tulsa County showing that all
homeowners at that time, acknowledged and signed prior to the forming of a HOA.
A. 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 or any portion of or interest in them, and/or Does it do any of this?
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. (According to the covenants, the lot owner has always had this authority, not the association.)
B. An owners association shall be formed by the execution of an instrument signed and acknowledged by all owners of the real property included. Such instrument shall set forth in detail the nature of the obligations of the members and shall be filed of record in the office of the county clerk of the county wherein the real property is located. The instrument shall include a description of said real property. (The Burning Tree South covenants were in place but Burning Tree Area #4 Association, Inc. (that would be the HOA, because there was not an HOA before, just covenants) was formed on 1 Dec 1978, according to the Secretary of State’s information. Click it to see: 2100328906
C. The owners association shall have the power to enforce any obligation in connection with membership in the owners association by means of a levy or assessment which may become a lien upon the separately or commonly owned lots, parcels or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale. In an action brought to enforce any lien authorized pursuant to the provisions of this section, the prevailing party shall be entitled to recover reasonable attorney’s fees to be fixed by the court, which shall be taxed as costs in the action. 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.
Did YOU get this? How many lot owners were given this at closing? Why did the closing companies not provide it???
Quote: “Why did the closing companies not provide it??? ”
Apparently every single real estate attorney who has read the Burning Tree South Certificate of Dedication (as the lots were sold and re-sold several times over 36 years) was smart enough to understand that when it states that by “accepting the deed” you are a member of ONLY Burning Tree Area # 4 Association Inc. It does state that lot owner have an easement to use the facilities of the BTMA that does not make one a member. (i.e. A utility company may have an easement also but the utility company does not automatically become a member of the BTMA, either.)
It is very clear to those attorneys or anyone with even a little bit of intelligence when they read H (c) (d) and (e) of the Burning Tree South Certificate of Dedication.
Depositions given in 1983 by two of the original incorporators of Burning Tree Area #4 Association, Inc (when that lawsuit was going on) do show that they both testified under oath that the association was formed in 1978.