GLA dysfunction and cost to landowners | Glastonbury Community Forum

richardwill
New Member

Posts: 12

GLA dysfunction and cost to landowners Feb 1, 2022 12:10:20 GMT -7

Quote

Post by richardwill on Feb 1, 2022 12:10:20 GMT -7

In March of last year I informed the GLA that I would no longer pay assessments and provided documentation to support my reasoning and rationale.

I have now been informed that a lien will be placed on my property in a letter signed by the very individual leading a legal challenge to dissolve the GLA.

In conversation with the Park County District Court, I have learned that while anyone can file a lien, no matter how frivolous, arbitrary, or perverse, in order to protest the lien, a landowner will need to engage an attorney and file suit against the lienholder. A do-it-yourself response is strongly discouraged by the Court.

A classic Catch-22, where a dysfunctional (and possibly soon to be dissolved) GLA, the subject of numerous allegations of dubious legality, misuse of funds, and inaction relating to its landowner obligations, can create a lien by simply filing a form at minimal cost, while the landowner must incur significant legal costs to dispute the action, costs which likely would exceed the amount of the lien.

I have requested the court hearing the dissolution lawsuit to absolve uninvolved landowners from assessments until the issue is resolved. Although nearly a month has passed since the court hearing, no response has been forthcoming as of this date.

The entire saga of the GLA is shameful, with recent action and inaction compounding a dismal history of misconduct, malfeasance, and venality. Innocent landowners should rightly feel betrayed. A true rock and a hard place situation for landowners unwilling to finance dysfunction and mismanagement.

Richard Will
SG 43-A

Last Edit: Feb 1, 2022 14:25:43 GMT -7 by richardwill

Poor Richard
Senior Plus

New to Glastonbury

Posts: 932

GLA dysfunction and cost to landowners Feb 1, 2022 20:53:18 GMT -7

Quote

Post by Poor Richard on Feb 1, 2022 20:53:18 GMT -7

Congratulations for an act of Civil Disobedience

Many landowners have chosen not to pay their annual assessments for 2022. Several have written letters to the board explaining their reasoning. The reasons they give are varied but center on GLA Board Dysfunction, misuse of funds, lack of regular meetings, minutes, and annual elections.

The GLA has the ability to file a lien for unpaid assessments but that is about the only easy-to-shoot arrow in their quiver. Almost anyone can file a lien and it is usually not worth hiring an attorney to fight the lien. The filing of a lien simply notifies the county that so and so owes the lien filer money. Liens are NO guarantee that the filer will ever get paid. Liens placed by the GLA are usually paid when the property owner sells their property. All liens must be cleared before the sale is completed. Fighting a lien is best done then or when an attorney petitions the court for a judgment via a collection letter.

If you do not wish to pay assessments and are not planning on selling your property soon, a lien is almost meaningless. The GLA generally will not contact a collections attorney until at least two years of non-payments have passed. Then the debtor may receive an attorney's letter demanding payment. That is the time to fight and raise legitimate concerns as to why you have not paid your assessments. Any protest you lodge can stall the process and will cost the GLA more money to pursue. Two years' past due assessments are usually around $1,000.00. That will only buy about 3 hours of legal time. It costs about $250.00 to send the first collection letter from the attorney. Each subsequent letter is also around $250.00. A court appointment adds about $500.00 each. Collections can quickly become a losing financial game for the GLA if the debtor protests.

The GLA in the past has offered and given debt relief if the debtor signs up for a payment plan. Some debtors have had their balances partially or even completely erased. The deal you negotiate seems to depend on how good you can BS and who you know. Additionally many GLA boards simply refuse to go after all past due debtors. It has been over two years since the current GLA collections attorney actively sought to collect past due balances. The GLA policy calls for attorney collection letters to be sent once a year. Lien letters or the threat of them have only come from the current Treasurer, John McAlister.

If you can run the debtor clock past 8 years you will get rewarded. Montana law only allows debts 8 years old and newer to be collected. Anything older than 8 years is lost because it cannot be legally collected. This has saved some landowners who have not paid assessments in 20 years, tens of thousands of dollars.

If enough landowners stopped paying assessments, the county might start to reject GLA lien filings. When and if the debtor ever received a collections letter from a GLA attorney, the courts may also deny the GLA claim. There is power in acting in numbers. It is easy for the GLA to file a lien but very difficult for them to collect a debt if the debtor puts up a fight. 2022 is shaping up to be a year when a record number of landowners are refusing to pay assessments. Their reasoning has never been more legitimate.

Forum articles are often built upon previous articles. As a result, infrequent readers may find some articles difficult to understand. I try to include blue highlighted links so readers may reference information used in writing the article like official Minutes, Financial Statements, and previous articles. I also make errors and sometimes forget that what is clear to me, may not be for you. If you have questions please post them under the article and I will answer them.

richardwill
New Member

Posts: 12

GLA dysfunction and cost to landowners Feb 2, 2022 14:23:17 GMT -7

Quote

Post by richardwill on Feb 2, 2022 14:23:17 GMT -7

A good recap (above) of the current situation.

But interest and penalties can greatly inflate the balance (triple over 10 years at 18% compounded)

My statements from the GLA include separate invoices for assessments, for "FC" which I take to be finance charges, and a third set for what appear to be penalties. However, no invoices accompany the statements. I have requested these from the GLA Treasurer.

This is critical in calculating the balance due over time in the event that a landowner is not successful in having the assessments vacated.