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Here are a couple of articles written about the Jonathan Annual Meeting that was held on February 19th, 2008.

        1.  As written by the Chaska Herald:
 
 

Purged: Six Jonathan directors ousted

February 20, 2008 - 1:20pm — Mark Olson
 
The Jonathan Association annual meeting on Tuesday night resulted in the removal of six of nine directors who serve on the homeowner group’s board. 

Homeowner Mike Sibley, citing Jonathan’s by-laws, made a motion for the removal of President Tom Davis, Vice President Tom Kerber, Secretary, and directors Dan Weber, Cal Kuhlman, Dan Navratil and Joe Niedert.

Sibley, a sharp critic of the board, prefaced his motion with several issues, including communication, fiduciary responsibility, and the ongoing lawsuit regarding the validity of neighborhoods in the association. He said only one other person knew of his Tuesday night plan.

“Your motion is based on a lot of false statements,” Davis replied.

After much debate, the motion was voted on, and passed by a large majority of homeowners present.

“It’s a pretty bizarre situation. The whole thing itself was a huge surprise,” said Mike Liebe, one of the three remaining board members of the association, which stretches across 23 Chaska neighborhoods and encompasses about 8,000 residents in 2,900 homes.

“I’m sure we looked like deer in headlights. It was something else,” Liebe said. Liebe, who was treasurer, was appointed president by Debbie Boe and Maria Awes following the apparent removal of Davis.

On Wednesday, the action was vetted by Jonathan Association Attorney David Helmuth." It was done properly,” Liebe stated, Wednesday afternoon.

“I guess at this time, I believe they weren’t proper, that they can’t do that without giving proper notice,” said Davis, on Wednesday morning, before the attorney reported back. “This sort of thing clearly demonstrates the shortcomings of the Jonathan Association.”

Procedure

Davis and Kerber asked to recess the meeting and call for another meeting on the topic, after first notifying the membership. “I think it’s improper,” Kerber said, of the motion. “In order to follow through on this, we’d need advice from our attorneys on what is the right way to do it and what is the wrong way to do it,” Kerber said.

“I’d suggest you give him a call,” Sibley replied.

“It sets a very bad precedent, because at the next annual meeting next year, we’ll have someone else come in and throw out (another) person,” said Boe, who abstained from the vote. Liebe agreed. “It did set precedent. People realize it’s a doable thing,” he said, after the meeting.

Boe referenced the upcoming Jonathan board election for three positions. “I just really believe that the vote is coming (and) the candidates represent a variety of opinions,” she said.

Awes said she thought the motions were proper and later called for a voice vote on the motion. There were about 40 voting for and four against. If validated, the remaining board members would need to appoint six new board members.

The action follows a recent formation of an ad hoc committee formed to settle the lawsuit questioning the validity of post 1979 Jonathan annexations.

Ballots to elect three directors of the Jonathan board are being sent out in the next couple weeks. Candidates include incumbent Boe, as well as Katie Tierney, Jacqueline Bensman, Sandi Rossol and Dave Rome. At Tuesday night’s meeting, the candidates gave statements and answered questions.

What happened?

Mike Sibley, a Jonathan resident, made a motion to replace six of Jonathan’s nine directors at Tuesday night’s annual meeting. The members include: President Tom Davis, Vice President Tom Kerber, Secretary Cal Kuhlman, and directors Dan Weber, Dan Navratil and Joe Niedert. Sibley cited Jonathan by-laws.

Article 5, Section 3: “Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association voting thereon at a duly called meeting of the Association. In the event of death, resignation or removal of a director, his or her successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his or her predecessor.”

The motion, which needed a majority of those present, passed by about a 40-4 voice vote. A representative also claimed to have a proxy vote for 60 apartment units in favor of the motion.

Jonathan attorney varified the legality of the move on Wednesday morning.

NOTE: With apartment vote, the actual total was 61 - 4 



        2.  As written by the Star Tribune:

Chaska homeowners group ousts 6 board members

By HERÓN MÁRQUEZ ESTRADA, Star Tribune

Last update: February 20, 2008 - 9:05 PM

Welcome to chaos, Jonathan Association-style.

The dysfunctional Chaska homeowners group has been at war with itself for more than a year over plans by a majority of the nine-member board to break up the association, the largest in the state.

But just when it appeared that the board majority was on the verge of getting its way, six of the board members favoring the breakup were ousted Tuesday night in a surprise procedural coup orchestrated by their opponents.

Or were they?

This being Jonathan, nothing is as simple as it appears.

Which is why on Wednesday, questions remained as to whether the vote, motion and rule used to oust the board members Tuesday night were completely legal.

"It was very confusing," said Tom Davis, who was apparently removed as board president.

"I don't believe what they did was legal."

Those doubts did nothing to diminish the euphoria opponents of the board felt immediately after Tuesday's vote during the association's annual meeting.

"We were celebrating," said Gordon Means, a retired college professor and a member of the association who helped push through the ousters. "We feel terrific. We feel like we have a tremendous weight off of our shoulders."

The controversy began several years ago when a new board majority took over with an agenda of doing away with the association, which was established 35 years ago to govern one of the nation's earliest planned communities. Over the years since, the Jonathan Association has grown to include more than 2,900 households.

The old board's opponents said the association rule employed Tuesday night allows that a board member can be removed without cause at a duly called meeting by those present.

The surprise motion was made as the association was selecting a group of candidates to run for three open seats on the board. Members will vote via mail for three of the five candidates selected over the next month.

Mike Sibley, the board opponent who made the motion to oust the board majority, said he and others had been considering the move for weeks.

He disputed Davis' contention that his proposal and the ouster were illegal.

"I certainly bounced this past attorneys prior to the proceeding. " Sibley said. "We would not have done this if we didn't think it was legal."

Complete confusion

Regardless of who ultimately prevails, the makeup of the board and a proposed lawsuit aimed at disbanding the association has been thrown into complete confusion.

Davis said that while he disputes the outcome, he will not seek to act as the association president or exercise the powers of the office until the group's attorney weighs in.

"We're just going to talk to the attorney and see what happens," Davis said Wednesday.

David Hellmuth, the Jonathan Association's legal counsel, said he had been contacted by both sides and would send them a letter with his opinion by the end of the week. He said he believes that both sides will abide by his decision.

"I think it is a matter that could be quietly resolved," he said Wednesday afternoon.

Hellmuth said he had spoken to the new board president, Mike Liebe. He also did not contradict a statement in the local Chaska newspaper in which Liebe implied that he had talked to Hellmuth and that the proceedings Tuesday night were legitimate.

"I can't contradict what he told the Chaska Herald," Hellmuth said Wednesday. "What I'll do is confirm that I talked to Liebe today, and I did discuss the issue with him."