Jun. 10—The past manager of Glade Springs Village Property Owners' Association (POA) has sued her former employer, alleging that she was directed to violate civil and criminal law and that she was subjected to discrimination and abuse, based on her gender.
Glade Springs Village is a property owners' association at The Resort at Glade Springs in Daniels, a resort residential community. The POA owns two golf courses at Glade and represents property owners within the Phase II development at Glade Springs.
In a lawsuit filed in Raleigh County Circuit Court on Friday by Fayetteville attorney Greg Hewitt, Cindy Lynne Randolph alleges in the suit that the POA violated the West Virginia Uniform Common Interest Ownership Act, which regulates operation of property and homeowners' associations in the state.
The suit names the Glade Springs POA and David McClure, who is POA president, as defendants. Randolph alleges in the suit that, during her employment period, McClure used for-profit corporations as part of a potentially illegal scheme.
"Upon becoming employed by the Defendants, the Plaintiff noticed improper, potentially illegal, accounting and debt collecting practices," the suit alleges.
"The Defendant, David McClure, is Director and President of Defendant Glade Springs Village POA, Inc. and is believed to be a resident of Raleigh County, West Virginia.
"He also serves on what purports to be the Board of Directors for his co-Defendant and at all times was acting in that capacity and on behalf of his co-Defendant," the suit alleges. "In the alternative, the acts of the Defendant, David McClure, were egregious and outside his duties as a member of the Board of Directors for the co-Defendant."
The lawsuit states that McClure is the organizer and has an interest in a domestic for-profit corporations 18th Met LLC, Apex Towers LLC and Apex Towers II LLC. None of the corporations list a business purpose, according to the suit.
"These corporations were used by Defendant McClure as part of an improper, potentially illegal, scheme which directly relates to the actions complained of herein," the lawsuit alleges.
In the suit, Randolph alleges she was directed to violate consumers' rights under the West Virginia Consumer Credit Protection Act in regards to subsections that make it illegal to use threats and coercion to collect a debt, to oppress and abuse when collecting a debt, to use unfair or unconscionable means to collect a debt and to place deceptive or oppressive telephone calls to collect a debt. Also in the suit, Randolph claims she was directed to disobey state law regarding notifications of consumer protection information.
Randolph said the POA had also illegally discriminated against her.
The POA had hired her as general manager to manage staff and develop and manage a budget, among other duties. She said she started work on Sept. 15 but that her employers soon subjected her to abuse, undermined her position and ignored her expertise because she is a woman.
They also improperly gave the position for which she was qualified and had been hired to a man, discriminating against her based on her gender, according to the lawsuit.
Randolph seeks unspecified damages.
The POA and The Resort, which is owned primarily by Gov. Jim Justice, has been in a legal battle regarding control of Woodhaven and Stonhaven golf courses, which is on POA property but had been managed by The Resort.
McClure was not immediately available for comment on Wednesday evening.