Post by Poor Richard on Feb 25, 2022 15:30:06 GMT -7
Judge Gilbert Rules on the January 10, 2022 GLA Settlement Hearing
GLA to Remain Intact - Landowners Will Get an Annual Election and Covenant Vote
Judge Gilbert issued a ruling and court order regarding the January 10, 2022 Settlement hearing regarding the splitting in two of the Glastonbury Landowner's Association (GLA). Although the Dissolution lawsuit team had the approval of the GLA board and secured a yes vote at the Mediation meeting, the Judge ruled against them. Judge Gilbert determined that an independent 3rd party, a custodian pendente lite, should oversee a new GLA Annual Election and hold a landowner vote as to whether the GLA should divide. The GLA will only have input into both matters via their attorney Ryan Jackson. The court will appoint the custodian pendente lite and the GLA will be required to pay the bill.
The Annual Election may be held anytime according to the order. Likewise for the landowner vote to split the GLA or not. Per the Covenants, 51% of the landowners will need to vote yes for the GLA Split results to be legally binding. Only a majority of votes cast are needed to elect directors. The custodian pendente lite will operate as an arm of the court. Since two annual elections have been cancelled many directors may no longer legally be directors. By the Forum's count there are no legal directors left on the GLA board. The custodian pendente lite can decide if the Forum is correct and thus all 12 board positions will be open.
The last time a vote to change the Covenants was held, was in 2007 to adopt the Master Plan. That required a tremendous amount of work to pass. Landowners were personally called and lobbied by Directors. Finally, enough people voted yes for the measure to pass. Splitting the GLA is much more controversial and getting 51% to vote yes could be a Sisyphean task.
The court order continues that once the GLA Annual Election and the landowner vote to split the GLA is over, the independent 3rd party along with attorney Ryan Jackson must report back to the court. The report may or may not request that further action is needed. Meanwhile the court has ruled that no further legal action can be taken by the Dissolution litigants until the final report is issued.
Download a copy of the official Court Order here.
The Annual Election may be held anytime according to the order. Likewise for the landowner vote to split the GLA or not. Per the Covenants, 51% of the landowners will need to vote yes for the GLA Split results to be legally binding. Only a majority of votes cast are needed to elect directors. The custodian pendente lite will operate as an arm of the court. Since two annual elections have been cancelled many directors may no longer legally be directors. By the Forum's count there are no legal directors left on the GLA board. The custodian pendente lite can decide if the Forum is correct and thus all 12 board positions will be open.
The last time a vote to change the Covenants was held, was in 2007 to adopt the Master Plan. That required a tremendous amount of work to pass. Landowners were personally called and lobbied by Directors. Finally, enough people voted yes for the measure to pass. Splitting the GLA is much more controversial and getting 51% to vote yes could be a Sisyphean task.
The court order continues that once the GLA Annual Election and the landowner vote to split the GLA is over, the independent 3rd party along with attorney Ryan Jackson must report back to the court. The report may or may not request that further action is needed. Meanwhile the court has ruled that no further legal action can be taken by the Dissolution litigants until the final report is issued.
Download a copy of the official Court Order here.