What is Happening Here? ... First No Capital Reserve for Eastside ... Now, No Reserve for Mountain Maintenance?

http://www.newenglandskihistory.com/NewHampshire/crotchedmtneast.php

This year started off with a bang! The worst part of all this has been the total lack of respect, communication and transparency! Follow along cause this gets interesting!

At the Annual Meeting, Tom Peterson (Treasurer and Director of ECMCA) said we belong to another association. We are members of another association? "Two ... in Fact ... " he said. Really? FALSE

So, lacking any documentation that declares that our unit is a member of another association or any documentation that an assessment must be paid to Mountain Maintenance ... as it has always been water, sewer and East Road Maintenance was included in condo fees as services procured by the Association ... and searching for a certificate of stock or anything that said individual unit owners were liable for costs, maintenance , repairs and construction a leach-field and associated pipes ...
Here is what has been discovered to date:

1) Our deed did not state a reference Book 2171-046.

But in the Declaration of Eastside at Crotched Mountain Association ... tucked between The Easement to Public Service, Contoocook Valley Telephone and Easements of Private Ways and Utility Easements is reference to; 'Declaration of Protective Covenants and Easements dated October 19, 1971 and recorded in the Hillsborough County Registry of Deeds in Book 2171, page 46 as amended.'

There it is ... a document that purports to be a plan for a recreational/residential development while maintaining the natural character, and first class appurtenances of the area. This document creates a vision of what is to come ... future plans. This document created rules, responsibilities for all those who enter into a deed in the so-called 'Crotched Mountain Development'. This document declares a corporation to be formed by the name of "Mountain Maintenance.
Mountain Maintenance was incorporated by the state of NH in 1976 ( previously in 1971 but NH law revoked the one from 1971 and required a new one in 1976):
Please note the number of shares ... yes, this is the number by which was planned to handle the expenses of Mountain Maintenance. The Plan which the covenants and easements was based on was for 5 separate condominium associations and many parcels (Individual House Lots).

It s also interesting to note that the Covenants and Easements as clipped above say:

"will cause to be originated before title shall pass ...", as 3 Parcels of Land passed title 1971, 1973 and 1973 respectively and all containing reference to the above Covenants @ 1271-0046. Those Parcels etc., made up almost the entire project. Mountain Maintenance was not incorporated until 1971(after title passed to a piece of property against the Covenants and Easements).

Another interesting note ... The Definition of the Village Roads according to the Covenants and Easements ...

ALL THOSE ROADS AND DRIVEWAYS...

http://www.newenglandskihistory.com/lifts/viewlift.php?id=225

Note that the ownership and maintenance of the Village Lands and the maintenance of the Village Roads, the provision of water supply and sewage disposal services is that of Mountain Maintenance. Mountain Maintenance is also required to enforce the covenants and easements.

Question #1 - Did you as an owner purchase or were you offered or told to purchase a singular share of stock in Mountain Maintenance?  Note, it says shall purchase. 

Question #2 - Does your deed reference a singular share of stock in your purchase?

Question #3 - Do you have a stock certificate?

Question #4 - If Mountain Maintenance is responsible for all those roads and driveways within the property referred to in Article II, then why the hell does ECMCA have a loan for our roads and has been maintaining our roads and driveways? Although the costs would probably be comparable as charges are per roads used. 

OF SPECIAL INTEREST ...

IN NO EVENT, HOWEVER, SHALL SUCH SUPPLEMENTARY DECLARATION REVOKE ...

EXISTING PROPERTY!

Unfortunately, several tracts were subsequently excluded, benefiting Mountain Maintenance Board of Directors. Unfortunately, parcels were subdivided and sold . 

Originally, the water, sewer, village roads, village lands, trails and ski area were to be maintained and the costs thereof were planned to be borne by 250 shares. 
 While the Declaration of Covenants and Easements (as recorded at the Hillsborough County Registry of Deeds 2171-046) states that charges for services will be less for those that do not use certain services (in effect what they use) the overall expenses of the corporation are to be borne by all?

The Articles of Incorporation of Mountain Maintenance  ...

Who has all those shares as described in the Articles of Incorporation?

44 Units use water and sewer services and are required to pay for services they receive. However, all costs associated with the Water and Sewer Systems belonging to Mountain Maintenance  are Capital Expenses of the Corporation and are to be borne by all 250 shareholders?  These Capital Expenditures are costs of operating the Corporation.  Mountain Maintenance has not only reduced the shares assigned to each piece of land, reduced the parcels included (and in no event shall be taken out), but are now reducing the corporation expenses for operation of the corporation as the responsibility of only 44 shareholders, who by the way, do not have stock certificates nor purchased stock certificates per Covenants and Easements recorded at Hillsborough County Registry of Deeds book 2171, page 046. 

While Mountain Maintenance is scrambling to get your signature on an amendment to the Covenants and Easements , any current assessments still fall within the Covenants and Easements at the time of the assessments.  


 Vote No on this change!!!
This allows them to collect any amount of money, for any reason, as many times as they want and discontinue your water and sewer if you do not pay ... yes ... LEGAL EXTORTION!