Filings with the Secretary State of Oklahoma

(1) Southwest Investment Co. filed a Certificate of Qualifications (TAC) #464241 on 7-8-1980.

(2) Southwest Beneficial Finance Inc. (dba) Lakemont Shores & Bay Club filing #230035264 on 7-8-1980

(3)Southwest Investment filed a Trade Name Report #1458457 on 12-11-1980

(4) Southwest Investment Co. (a Texas Co.) filed with the Secretary of State of Oklahoma Foreign for profit Company filing #2310115883 to do business in Oklahoma 12-15-1980.

(5) Southwest Investment Co. filed Certificate of Merger #1170363 Southwest Beneficial Finance Inc. (Illinois) on 12-15-1980.

(6) Southwest Beneficial Finance Inc. filed for Certificate of Withdrawal #8011040019 (cease doing business in Oklahoma) on 9-18-2007.

Articles of Incorporation of Lakemont Shores POA 2003

In the Articles of Incorporation it states the duties of the Board of Directors. It does not provide for the purchase of tax lots for the POA. In disregard of these provisions the majority of the Board voted that the President purchase lots at the Delaware County tax sale in September 2008. The President bid on and purchased certain lots for the POA and then he denied purchasing them for several months until admitting his culpability. If the reader has access to the Delaware County Land Records and searches on the Subdivisions and lot and block you will find that nine (9) lots were recorded on Nov. 25, 2008. The lots purchased were located in Lakemont Shores POA HeatherValley lots 74,125,322,371 & 472. Allyson Acres subdivisions Grandview B4,L8 Hilltop B6,L9 partial Dogwood B9,L9 Golf B7,L3 partial.

In their own words

Lots in Allyson Acres-East, West, South, Oaks, Valley View, Dogwood, Mobile Vista, Hilltop, Golf, Echo 1&2 Amended additions and the Estates may be subjected to and be entitled to the benefits of this Declaration and membership in the Association; provided, however, that the Developers written consent shall be required and an instrument bearing such consent and sufficient in all respects to subject the property to this Declaration and all of the obligations of the Association shall be recorded with the real estate records of Delaware County, Oklahoma. These are the requirements necessary for property owners in Allyson Acres to become a member of the Lakemont Shores POA. In my opinion if Lakemont Shores POA can not produce the instrument (and none exists) they have been billing every property owner illegally.

Southwest Investment Declaration of Covenants & Restrictions (partial)

Article II, Property subject to this Declaration, Additions thereto;
Section 1 EXISTING PROPERTY.
The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this declaration is located in Delaware County, state of Oklahoma, and is more particularly discribed as Ponderosa Park and Chestnut Hills subdivisions subject to the recorded plats thereof, all of which real property shall hereinafter be referred to as "Existing Property".
Section 2 ADDITION TO EXISTING PROPERTY.
Additional lands may become subject to this Declaration in the following manner:
(a) Lots in Allyson Acres-East, West, South, Oaks, Valley View, Dogwood, Mobile Vista, Hilltop, Golf, Echo 1 and 2 ammended additions and the Estates (according to the recorded plats thereof), all in Delaware County, Oklahoma, may be subjected to and be entitled to the benefits of this Declaration and membership in the Association; provided, however, that the Developers written consent shall be required and an instrument bearing such consent and sufficient in all respects to subject the property to this Declaration and all of the obligations of the Association shall be recorded with the real estate records of Delaware County, Oklahoma.

Wind Sock at Heliport pad

Notice: Wind sock hanging on by a thread.

A typical bath house in Ponderosa Park

Notice: This is typical of the condition of all the bath houses in Ponderosa Park, although now they have attempted to cover the outside with a metal covering the disrepair remains.

Urinal in bathhouse

Notice: This is an example of how our maintenance people fix a simple plumbing problem. By placing a coffee can under the leak.

Road Grader (broke down along side the road)

Notice: This is our road grader that does not work. However, it justifies the charging of $120.00 annual fee!!!!!!!!!

Tatum Park Pavillon

Notice: This is the cover to the pavilion in Tatum Park. I believe this should belong to the people of Allyson Acres Subdivision and not LSPOA. Also it seems an odd place to put it. I suppose it can always be used by the office personnel and directors in time of inclement weather.

Clubhouse

Notice: The clubhouse, it is in a sorry state of disrepair it has numerous roof leaks and in times of flash flooding the water comes through the wall because it does not have a high enough stem wall.

The room that was built for the youth and with the funds provided by the youth. This roof also leaks and has a mold problem. The carpet has been removed and the room is not usable to the general public, whether this is right or wrong that is the position of this Board of Directors!!!!

Miniature Golf Course

Notice: The remains of our miniature golf course it has no carpet on its playing surfaces and just ask for a putter and golf ball to play on it and you will see what they tell you.

Basketball Court

Notice: There is only one goal and the basketball goal is broken and the other post does not exist!

Again the surface is cracked and has grass growing through it. We are being charged a $120.00 per year for this!!!!

Tennis Court

Notice: The one court has no net and the surface is cracked with grass growing on the surface.

Cracks and growing grass makes good footing when playing tennis!!!!!!!!

Paying of property taxes not owed

WHY?
Why does the Lakemont Shores POA pay and continues to pay property taxes on property owned by past property owned by the (1) Studebaker Land Co. (2) Southwest Beneficial Finance Co. (3) G&L Land Co. and (4) Oklahoma Recreational Properties if anyone has an idea please post a comment. In order for this blog to work others must comment and exchange ideas!!!!!!!!
The money they are spending is "our" money and not the Board of Directors private bank account and there should be an audit and an accounting of the monies spent.

Lakemont Shores and Bay Club name

If the reader reviews the plat shown on this page it makes my point of the ineptness of the board of directors past and present. This plat was used as a sales display for Southwest Beneficial Finance Company and the "doing business as" (dba) was "Lakemont Shores and Bay Club". They continue to use this name twenty years later, this is misleading and illustrates the lack of knowledge of the past and present Boards. In my opinion.

Who is considered a developer

The following information was taken from "HUD interstate land sales" website
"Who is considered a developer
A developer is an individual or a business entity that, directly or individually sell or leases, or offers to sell or lease, or advertises to sell or lease lots in a subdivision. Since offering or selling lots, rather than physically developing them, is a criteria for determining who is a developer, the following examples, in addition to the traditional developer, may meet the criteria:(1) a bank offering lots obtained through a foreclosure(2) a corporation that acquire groups of lots in an existing subdivision for resale; or (3) an indiviual who buys lots at a tax sale or an auction for resale to others"
In my opinion item (2) above is exactly what the LSPOA is doing!!!!!!!!!!!
Also a past President of the LSPOA bought lots at a tax sale see item (3)
You would think that HUD would enforce the laws on their books!!!!!!!!!!!!!

Allyson Acres Subdivisions CC&R's recording dates

Below are the 15 subdivisions of Allyson Acres Wonderland with the year of their recording

West 1966, East 1967, Oaks 1971, Valley View 1972, Hilltop 1972, Dogwood 1972, Mobile Vista 1972, Grandview 1973, Red Bud 1973, Hickory 1974, Echo 1 & Echo 2 1974, and the Estates 1975.

Golf and South are not shown.

There were two property reports for Allyson Acres Wonderland one in 1972 and one in 1975. One might assume many lots would have been sold during this period of time. Those lots, whatever the number, would no longer be the Studebaker Land Co. or LTD Land Co. properties and they could not sell or assign their property rights.

When Southwest Investment Co. purchased Allyson Acres Wonderland they imposed a Property Owners Association over the property owners and usurping their property rights. In my opinion.

The property owners should have had a vote to belong to a property owners association. No such vote was taken and no such document exists indicating the binding of Allyson Acres to Lakemont Shores POA. In my opinion the Allyson Acres Sub. have been paying illegal fees to Lakemont Shores since 1977.

In my opinion a fraud of immense proportions has been perpetrated against the Allyson Acres Subdivisions from the removal of the subdivisions name to each property that has been filed under the Lakemont Shores POA name and every abstract that has been prepared for property owners.

Affadavit of Robert L. Studebaker

The Affadavit of Robert L. Studebaker signed Dec. 4, 1975 and filed Dec. 9, 1975 at 1:31 P.M. recorded in Book 341 pages 3 & 4 Delaware Co. Oklahoma.

Robert L. Studebaker owned Allyson Acres WonderLand for approximately 10 years 10 months.

Studebaker land ownership

The first mention of Robert L. Studebaker began on Feb. 17, 1964 with a Jack E. Murray. Filed Feb. 18, 1964 at 1:45 P.M. Book 241 at page 32 Delaware Co. Oklahoma.

Allyson Acres, How did we get here!

In my opinion it has been an attempt to mislead the Allyson Acres property owners from the beginning. This was done with the filing of the Declaration of Covenants and Restrictions on Jan. 13, 1977 by Southwest Investment Company. The Allyson Acres property owners did not belong to any home owners association. They bought their property from a land company who owned the subdivision and filed with the government appropriate documents for the 15 subdivisions. They also waived the annual fees for the East and West subdivisions. I know for a fact that there is different billings for property owners in the East and West subdivisions some paying nothing to others paying $24.00 or $120.00 for the same services, nothing. Property owners who knew their property rights and stood up to LSPOA or property owners who had an attorney read their abstracts and write a letter to the LSPOA at the property owners expense, were able to maintain their property rights. The reason the development is in the state that it is in, is because of the illegality of the LSPOA. Property owners should review their Restrictive Covenants and if they do not understand it take it to their attorney for a title opinion. Then have your attorney write a letter threatening them with legal action if they don't stop the illegal billing.

Allyson Acres Subdivisions Fees

In both the property report and CC&r's a fee of $24.00 annually was to be paid to the developer to be used for Beautification and Road upkeep. In the property report it states some of the money may be used for facility upkeep. When Studebaker Land Co. defaulted Southwest Investment Co. assumed ownership and proceeded to raise fees and made the land company a POA! No vote by the Allyson Acres property owners was ever taken. The property rights of the Allyson Acres property owners have been subverted for thirty tw0 years. In lieu of the $24.00 annual fee we are being charged $120.00 anually and $72.00 for standby water availability. That is a total of $192.00 in overcharges per lot annually. If you run the numbers out 192 x 1501 x 32 = $9.2 million in overcharges, that is if all the lots were sold!!!!!!!!! You can see we could own Lakemont if we had a GOOD attorney

Allyson Acres property owners rights!

Even if the developer was the sole owner of the amenities/ facilities and could transfer or sell his interests to "Southwest Investment Company" the owners of property that he had sold and collected fees for road upkeep and beautification. Would they not be entitled to some type of consideration or compensation for buying property in belief that those facilities would still be available for their use. Also the property owners would have the choice of joining the Lakemont Shores POA and not be forced into paying fees for which they had no vote in joining.

Allyson Acres Subdivisions

The Allyson Acres subdivisions in the beginning had 15 subdivisions. In those subdivisions there are approximately 1501 lots. Each of the subdivisions had their own covenants and restrictions (CC&R's) duly filed at the Delaware Co. Oklahoma court house. The subdivision lot owners were required to pay the land developer $24.00 per year. Some of the subdivisions were waived in paying the fee for road upkeep and beautification. This was at the developers discretion. The 15 subdivisions were not a Property Owners Association or a Home Owners Association. They were not any type of organized association. The developer was the exclusive owner of the amenities which included the following a water system with seven wells a swimming pool and lake access, playground, clubhouse, park shelters, charcoal grilles, and miniature golf facilities, a 53' excursion boat, a marina, riding stable & barn and a natural cave on site was to be opened along with a 300 acre amusement park. All of the above information was taken from the "Wonderland World" publication. The developer had financial problems and eventually filed bankruptcy. At this point "Southwest Investment Company" stepped in and took control of the Allyson Acres development.