Legal definition of “amenity” and BOD’s power to acquire or eliminate them
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Legal definition of “amenity” and BOD’s power to acquire or eliminate them
What is the legal definition of an amenity? When the 55 members of our PUD bought our houses, there was a community vehicle provided for transportation to the beach. The BOD eliminated the vehicle and did not replace it with another means of beach transportation. Were they within their rights to do so? State is NC if that makes a difference. Thanks.
Asked on June 4, 2009 under Real Estate Law, North Carolina
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
PUD's are also covered by counties and municipalities. The state's enabling statutes are just one step. It is not about simply a definition of amenity.
What does the pud contract state? If it allows the board of directors to make the decision without shareholder vote, then not much you can do except bring a new item on the agenda after the requisite number of signatures, etc. to put it back on the board's agenda.
If it requires a majority shareholder vote, then there may be an issue if the board didn't get it.
See the following links and find a lawyer at www.attorneypages.com. Check the lawyer's record at the North Carolina State Bar.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_153A/GS_153A-344.1.html
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_160A/GS_160A-385.1.html
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