The Eastman Free Press
Providing owners with the information they need to make informed decisions.

Friday, March 13, 2015

Dissolve Eastman Governance

Under New Hampshire State Law, Chapter 292 Corporations can be dissolved. Eastman is a Chapter 292 Corporation.

Chapter 292 Section 292:9 states as follows:

292:9 Procedure. -
" I. Any such corporation or 1/4 of the members thereof, may apply by petition to the Superior Court,.......for a decree of dissolution, or for such other relief as may be just; and the court, after due notice to all parties interested and a hearing, may decree that the corporation be dissolved subject to such limitations and conditions as justice may require. ...."

1/4 of the 1452 Eastman members is 362 members. That is about the same number of ECA members who signed the first petition request.

ECA governance members will tell you that all Eastman assets will go to the town of Grantham and/or to the other two towns. This is just noise and one possible outcome, ONLY if our Board uses our assessment payments to argue that Eastman ought not to be a public entity. However if a new public municipality, i.e. Eastman, were to exist prior to the court filing with the current Eastman boundaries then one might anticipate that a reasonable judge will turn all assets over to that entity. In fact, there is a precedent—ECA members in the early 1980’s created the VDE—a public municipality. The Developer’s “Water Division” assets and liabilities were transferred to this new public municipality.

ECA governance, led by the Board has continually misrepresented facts and poorly managed this community.  Numerous Eastman Free Press articles have covered these failures including “Eastman Ownership Assessment Shackles” (Read More) “Ryder’s Failure to Perform III” (Read More), and “Eastman Board Rejects Due Diligence” (Read More). Their listserv agents (incl. 2 moderators) have harassed and bullied the freedom of speech rights of individual members and made every effort to marginalize members who do not conform to their edicts. Intimidator is too kind a word for these governance members and vigilantes who attack Eastman members who want fair representation, openness, transparency, accountability and direct vote. (See “Banned from the Eastman Listserv” Read More) It is time to end the oppressive authoritarian governance that has brought Eastman to be the least ethical entity in the state of New Hampshire. The Council is nothing more than a meaningless legislative body, which competes with North Korea’s Supreme People’s Assembly as the least influential legislative body in the world. Read More

We recognize that many Eastman members who would like to see a governance transformation, live in fear, uncertainty and doubt brought upon this community by its Board and Council leadership and their fervent allies who desire inexpensive golf and a luxury clubhouse " to improve their golf experience" and they would like the majority of Eastman members to pay for this $4.5 million boondoggle. They want to be sure that members have no direct vote on the $4,000 mortgage that this Council action puts on each of their homes.

It is time to issue an order for that governance to Cease-And-Desist through a petition with at least 362 members signing. Eastman members need to heed Franklin Delano Roosevelt's statement "the only thing we have to fear is ... fear itself - nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance......"

“Member ignorance and the spread of misinformation empowers those in power.”

Submitted by Bob Logan who is the CEO of a consulting practice since 1993 which provides expertise on improved business, financial and operational performance as well as leadership.


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