GALA Impeachment Petition Validation Draws Fire

Organizers of the move to impeach board President Jason Lundy say the drive will continue, and a few hinted at possible legal action.

GLENWOOD ACRES, Jan. 22, 2009 -- After a Glenwood Acres Landowners Association (GALA) board meeting last Tuesday, the conduct of which is itself in question, drive leader Russell McFadin turned over the petition and signatures he had gathered to that point to board Secretary Billy Sipes.

McFadin says he had 61 signatures, but acknowledges that two of those should have been removed during validation, saying they were duplicates.

This morning, sources close to the board said the total was indeed 59 signatures, and confirmed that the validation would be done today.

After the validation, which left only thirteen signatures standing, Sipes, along with Board Member A.C. Floyd, took issue with process, calling into question the criteria used to invalidate 46 signers.

They say a board requirement that signers of the petition be current with their dues as of Jan. 12th, the day before the petition was submitted, is unfair. Both men said that member's dues are not usually considered delinquent until 30 days after their due date, and both believe that a number of the signatures struck down should not have been.

Addressing the process, Sipes said "I disagree with the tactics the board is using to stifle the voice of the people", going on to say "...there are 10 to 12 signatures, in my opinion, that should have been validated".

Speaking separately, Floyd stated "It (the validation) wasn't fair under any circumstances".

But GALA Board attorney Tim Cariker said today the criteria is fair, and is the same one used to determine whether members can vote on issues at the landowner meetings.

This brings up the question, however, of how the Board can apply that criteria, since they admittedly don't keep a current list of members in good standing.

According to the association's bylaws, that list is supposed to be available for inspection prior to every quarterly Landowners Meeting.

In spite of that requirement, Cariker said that the list isn't typically needed or requested at meetings, and is not kept current. Because of that, there may be more members than currently shown, and the effort to update the list is ongoing.

The most current update, posted today in the development's clubhouse, shows a total of 209 members of the association in good standing, counting landowners and spouses.

McFadin needs the signatures of ten percent (21) of those members to force an impeachment vote, and the votes of 20% (42) in order to oust Lundy.

As news of the validation results spread, the Advocate received multiple calls from irate residents, all claiming to have been stricken from the list unfairly.

In a call from McFadin, he stated his signature, as well as his wife's, Laura, was invalidated for delinquent dues. He decried that action, claiming he had paid his dues with a hand delivered check prior to the meeting, which the Board's paid secretary, Cindy Gill returned without cashing.

Cariker answered that charge by saying McFadin's check had been returned because it included dues for an invalid account, in effect, overpaying.

The Board, according to Cariker, has a policy of not cashing improper payments, and has asked McFadin several times to discontinue paying on the invalid account. Cariker said McFadin has ignored the request, and continues trying to pay on the invalid account, resulting in his payments being sent back.

Another resident, Ron Cook, says his civil rights are being violated, and voiced strong disapproval of the invalidation of he and his wife's signature, also for delinquint dues. He said he had paid his dues on time, and had even paid a month in advance.

Saying "This board is nothing but a kangaroo court", Cook echoed McFadin and Sipes in stating his discontent not only with how the petition validation had been handled, but in how the board meeting on Jan. 13th had been conducted.

They all say that in spite of an invitation, issued in the Association's last newsletter, for public comment at the meeting, Lundy refused to allow any comment from members. The Advocate has obtained a copy of the newsletter, and the invitation is indeed there.

They also voiced disbelief that neither the minutes of the last meeting, nor the current Treasurer's Report was read aloud. Sipes said the meeting lasted aproximately six minutes, during which time the board members read the minutes silently, and then voted to accept them into the record.

After that, he said Lundy stated that there was no reason to review the Treasurer's Report, since it had been printed in the newsletter, and then Lundy promptly adjourned the meeting.

Several members who then rose to speak were denied the opportunity, being told by Lundy that they were out of order.

As an indication of how tense things have become at Glenwood, after the meeting Sipes said he, another board member and several landowners were escorted away from the meeting site afterward by an Upshur County Constable, at the request of Ms. Gill.

Several ofn the residents who spoke to the Advocate today, expressed strong support for a donation drive aimed at hiring an attorney to bring suit against the board.