Election Results Announced - Dissolution Team Wins

Election Results Announced - Dissolution Team Wins Sept 7, 2022 5:16:45 GMT -7

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Post by Poor Richard on Sept 7, 2022 5:16:45 GMT -7

2022 GLA Election Results Announced
Record Turnout - Dissolution Team Scores Major Victories

John McAlister released the following Glastonbury Landowner's Association (GLA) Election results:

Results
On a historical basis, there was an excellent turnout for this election. There was a total of 258 ballots submitted. Of those, 232 ballots were from properties in good standing and with verified credentials to be allowed to vote and be counted. The 232 ballots represented 70% of the 333 total number of properties in good standing.

Ballot Breakdown:
Total Eligible (good standing & verified) Ballot Submissions – South: 123
Total Eligible (good standing & verified) Ballot Submissions – North: 109
Total Eligible (good standing & verified) Ballot Submissions: 232

Vote Results:
South Board Election
Stomierowski                 88      Two-year Term
Riley                             72     Two-year Term
Kremer                         68     Two-year Term
Seaver                          57     One-year Term
Roskind                          57     One-year Term
Sedlak                         55     One-year Term

Ladewig, Jeff 51
Nearest write-in 13

South Ombudsman Election
Ladewig. Jerry                 50     One-year Term
Nearest write-in 32

North Board Election
Gelderloos, Hendrik                     69     Two-year Term
Wieczorek                                 66         Two-year Term
Carp                                         59         Two-year Term
Jensen                                     56         One-year Term
Schreyer                                     55      One-year Term
Kozlik/Squires                         51 (tie†) One-year Term

Dirkers         50
Gill                 48
Bezotsky     29
Nearest write-in 4

North Ombudsman
Brunson (write-in)         17         One-year Term
Nearest write-in              9

† Note for the tie vote –The winner will be selected by coin toss at the first meeting of the new Board with all members and landowners are present.

Separation of Glastonbury Landowners into Two Independent Units – Glastonbury North & Glastonbury South
On the same ballot with the board member and ombudsman candidates, there was a question of the landowners as to whether they favored separation of the GLA into two units or keeping them as a single unit. This outcome has been presented to Judge Gilbert who is expected to make the final ruling. While the new board is determined and will be seated as soon as possible, this determination is not final until Judge Gilbert rules.

Separation into 2 Units – North & South
South:
Separate:         81
Remain as-is:     41

North:
Separate:         45
Remain as-is:     62

All of the Dissolution litigants that were running for office won a seat except for Jeffrey Ladewig. In addition, the question of whether to separate Glastonbury or not was firmly decided in favor of the Dissolution crew. 126 ballots voted for separation while just 103 wanted Glastonbury to remain as it is. However 126 yes votes to separate does not meet the threshold of 51% as defined in the Covenants. Judge Gilbert will make the final decision. More lawsuits could arise from the election results and/or her decision.

Voter turnout was almost twice what GLA Annual Elections experience.

Repeated requests by current GLA Director Brockett to inspect and verify election materials have been denied.

In North Glastonbury Claudette Dirkers lost her bid for another term. Both Gill and Bezotsky did not garner enough votes to win a seat either. In south Jeff Ladewig and a write in candidate did not receive enough votes to earn a seat on the GLA board. Pouell Gelderloos was disqualified as a candidate in South Glastonbury when the GLA Board found him in violation of the Covenants for building a driveway before the board granted him permission to do so. His disqualification appears to have tipped the balance to favor the Dissolution team. It is not known how many votes Pouell Gelderloos earned.

Election Results Announced - Dissolution Team Wins Sept 9, 2022 10:54:16 GMT -7

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Post by leokeeler on Sept 9, 2022 10:54:16 GMT -7

The Separation vote count should be under the Bylaws and considered “PASSED” by the recent vote.

Judge Gilbert stated the voting would be under the Covenants. Since the Board (Association) was established under the covenants, the dissolution vote passing should be based on those voting, not the number of lots within GLA. Her statement did not reveal if she considered Board actions vs Land Uses and if the vote count under the Bylaws was what she was actually looking for.

The Covenants control activities on the land and the Bylaws controlled activities of the Board so the vote must be under the Bylaws unless Gilbert makes it under Court authority as it is only changing our administration setup. Noting in the Separation case changes the Covenants or landowner activities on their lots and any minor issues like access of North Folks on South roads etc can be written/clarified within the final decision text on the dissolution court case.

Further support for the separation vote count to be decided under the Bylaws by those voting and not the total landowner count is that the Articles of Incorporation, if changed, is done under the voting procedures of the Bylaws. FYI – Articles of Incorporation item “X AMENDMENTS” reads: Amendments to these Articles of Incorporation shall be adopted, if at all, in the manner set forth in the Bylaws; provided, however, that no such amendment shall be contrary to or inconsistent with any provisions of the Montana Nonprofit Corporation Act.

If the Articles can be changed under the Bylaws. the separation does not change uses of the lots or Covenants, and the Court Decision Statement can clarify any minor concerns, I do not see why voting under the Covenants is even considered. If that is being pushed, it is by those knowing 51% of ALL LANDOWNERS (about 350) will not likely even vote and getting 51% to say separate is impossible and they fear over 51% of the normal voters (about 150) might say separate.

Incidentally, if the Bylaws are followed for the vote count, it will be identical to having the vote considered being done under Court rules where the side with the most votes turned in wins.

FOR REFERNEC: Bylaw Article II, OBJECTS, A. Landowners Association. These Bylaws are adopted in order to establish a landowner’s association (or community association) pursuant to the Declaration of Covenants for the Community of Glastonbury. … B. Purposes. The purposes of the corporation are as set forth in the Articles of Incorporation, and more specifically as follows:
To provide for the management, administration, maintenance, preservation and control of the parcels, roads and common properties within the real estate development commonly known as the “Community of Glastonbury” in Park County, Montana, including property that is subject to and burdened by the Covenants (hereinafter referred to as the “Property”).