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.
No comments:
Post a Comment