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.