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Irwin Law
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Category: Real Estate Law
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Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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1. Can owner voting be based on acreage owned be legal? ie:

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1. Can owner voting be based on acreage owned be legal? ie: 5 acres owned = 5 votes in the HOA. 2. How can our covenants be changed?

Hello, and thanks for submitting your question to Just Answer. You asked: 2. How can our covenants be changed? Generally speaking, once a plat is recorded with covenants in it, the covenants "run with the land" and bind every owner permanently. Since all owners buy their land in reliance on the covenants, they cannot be changed without the consent of every owner in the subdivision. Voting rights that are established in the Bylaws of the HOA can be amended by whatever methods for amendment are stated in the bylaws themselves.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

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