Post by Poor Richard on Dec 21, 2020 8:17:43 GMT -7
GLA Annual Election Meeting is Required by Montana State Law
As of January 1, 2021 the GLA Will be in Violation of State Law
The Glastonbury Landowner's Association (GLA) voted on November 13, 2020 to cancel their Annual Meeting. No new date was set. At the December 7, 2020 monthly GLA meeting the Board again failed to set a date for the Annual Meeting. With only 10 days left in 2020 it appears the GLA will be in violation of State Law and their Bylaws as of January 1, 2021.
Montana State law 35-2-256 requires that "A corporation with members shall hold a membership meeting annually at a time stated in or fixed in accordance with the bylaws". The GLA Bylaws echo Montana State law by stating in Article V (B)
Montana State law 35-2-256 requires that "A corporation with members shall hold a membership meeting annually at a time stated in or fixed in accordance with the bylaws". The GLA Bylaws echo Montana State law by stating in Article V (B)
The first Annual Meeting of the Members of the Association shall be held within one year of the date of incorporation of the Association, such date to be set by the initial Board of Directors. Thereafter, the Annual Meeting of the Association shall be held on the same day of each succeeding year or, if a legal holiday, on the next business day following, or at a date specified by resolution of the Board of Directors.
The GLA Bylaws allow the Board to set a date. However in accordance with State law, that date must be sometime during the calendar year. An Annual Meeting is by definition a meeting held once a year.
The Forum has learned that Director Tim Brockett introduced a motion via the GLA internal email system to hold an Annual Meeting in December of 2020 so the GLA will be in compliance with Montana State law. Interested landowners may urge their representatives to vote for this motion by emailing the GLA Board at info@glamontana.org
Any GLA director that does not vote, or votes NO will be putting the organization at legal risk by allowing the GLA to violate state law. We will keep you posted on how Brockett's motion fares.
