Legal definition of “amenity” and BOD’s power to acquire or eliminate them

Get Legal Help Today

 Secured with SHA-256 Encryption

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 12 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


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption