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Post by Poor Richard on Jun 11, 2021 7:50:55 GMT -7
GLA Board Officers Seek Judicial Relief On June 10, 2021 several GLA Directors were surprised to receive a notification of Judicial Relief sought by the Glastonbury Landowner's Association via the Reece Law firm in Bozeman. Director Dubiel was asked if he knew about the summons at a Project Review Committee meeting that evening. He smirked and stated that he knew nothing about it. Director Charlotte Mizzi was also asked to comment. She stated that her attorney said she was not allowed to talk about it. However Mizzi added "all directors received a copy".
The summons seeks judicial relief for the current GLA Board deadlock. It asks the court to order that a new election be held with a new nominating period. The "evidence" and arguments were selected by President Newman Brozovsky and Secretary Charlotte Mizzi. It was written in secret without the knowledge or permission of the GLA board. Funds were never authorized by the board for Reece attorney services either. The GLA has 21 days, until July 1 to respond. The board attorney, Seth Cunningham has been notified.
You may download a copy of the summons here. |
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Post by Poor Richard on Jun 12, 2021 7:38:35 GMT -7
Motion Presented to Convene GLA Legal Committee Meeting
Response to Petition Ordered by 6th Judicial Court The Sixth Judicial Court has ordered that the full GLA Board respond to GLA President Newman Brozovsky's and Secretary Charlotte Mizzi's Petition for Judicial Relief. The one page, signed and sealed document orders that a response be provided to the court within 21 days. This morning Director Brockett presented a motion to the GLA board to that effect. Brockett wrote:
Download a copy of the Brozovsky/Mizzi Lawsuit filed in the Sixth Judicial Court here. |
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Post by leokeeler on Jun 13, 2021 8:27:56 GMT -7
It is “TIME TO SEPARATE” North and South and allow each to have their own Board. Will this lawsuit cause that separation? Without it we are doomed to keep repeating the money wasting turf battles I’ve observed since 2009.
With only 21 days left, who will respond to the Petition, and can the uninformed Directors seek a 90-day extension? The Community Forum shows Charlotte as declining to comment because “HER ATTORNEY” said she is not allowed to talk about it. Is Charlotte paying Reece LLC to sue the Board? A motion exists for the Legal Committee to take on this task, but both Newman and Charlotte are on that Committee. Will the foxes be allowed in?
The Petitioners to the Court are shown as the President and Secretary. Is this the Board filing a lawsuit on itself with the Landowners expected to foot the bill, or did Newman and Charlotte hire this attorney on their own dime? Since Newman signed the Petition as “as President of the Glastonbury Landowners Association Inc., ” I believe he has obligated Landowners to foot the bill.
Do Newman and Charlotte expect that we Landowners will pay attorneys both as plaintiffs and defendants. I’ve heard that simple court cases in Montana can cost each side between $20,000 and $50,00. So, if Landowners foot this bill it could be between $40,000 and $100,000.
I wonder why the Petition is so full of errors and omissions.
Newman signed a statement that the Petition was true, accurate, and complete to the best of his knowledge. Is he having memory problems already, or is it an integrity issue and has he perjured himself?
The omission of greatest concern is the Petition says that 5 candidates in 2020 were simply rejected and not accepted because of a violation of the election procedures provided to all Landowners. The Petition leaves out the fact that on Oct. 1, 2020, before addressing candidate qualifications, the Board voted 7-3 (Newman and Charlotte objecting I believe) to follow and enforce the Election Procedures passed by the Board in 2019. I cannot believe neither Newman nor Charlotte forgot about that.
The Rakala lawsuit was due to the Board finding her not in good standing due to violation(s) of the Covenants. The 5 candidates rejected in 2020 were not in good standing as required because they did not follow the 2019 procedures. Most were not even landowners in GLA, but “Representatives” sought out by Newman and Charlotte.
I wonder what proof they have that the election process was modified and what information they say was provided to the Members in an untimely manner. The Election Procedures were not changed in any way to my knowledge. Stating there are x openings in a call for nominations, accepting a resignation and notifying Landowners they need to cast one more vote is not a change in the procedures.
The Petition does not show that the Annual Meeting was cancelled by Charlotte at the 11th hour. She wrote that cancellation was due to “issues the Board needs to deal with” which was only her opinion and not a vote of the Board.
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Post by leokeeler on Jun 14, 2021 11:53:40 GMT -7
FYI - Just sent this to the Board and am wondering how Newman and Charlotte will respond to not being able to hear GLA's plans?
Sent to GLA Board at info@glamontana.org
Can any Director tell me and "ALL" the Landowners what restrictions have or will be placed on Newman and Charlotte since they are the plaintiffs who have sued the GLA Board?
I was just asked how the Board would "vote" on the motion made to have the Legal Committee develop a response to the lawsuit filed by Newman and Charlotte.
I believe as Plaintiff's, Newman and Charlotte cannot participate in discussions or voting on "ANY" issue with the legal case they have filed - that includes calling a Board meeting, (open or closed). In addition, if any Director shares meeting or voting information with them, that Director is likely breaking the law.
They simply cannot be on both sides of a court case and hear what the plans are.
If they cannot vote on a motion pertaining to a call for a Board or Committee meeting on this, and there are only 8 Directors who can participate. Will this break your deadlock?
Can the 8 remaining (should be 7 since Ed resigned) call a meeting and hire an attorney to be paid by GLA and to vote to ban GLA doing any reimbursement toward Newman and Charlotte for hiring Reece LLC without a Board vote. Remember Article
VI (H) "The Directors shall act only as a Board and the individual Directors shall have no authority as such."
But who knows what will happen since the President and Secretary seem to have gone back to the good old days of ignoring the Bylaws.
Leo
PS - Thanks to anyone who replies.
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