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JohnF30 (California)
Posts: 4
Posted:
Two Owners of three lots combined their lots into one some time ago, which now is a single official parcel and deed etc, yet they continue to maintain two separate owner memberships, voting rights, etc. Our CC&R's establish Owner as holding fee simple title. Should we have copies of these on file for all Owners?
DouglasK1 (Florida)
Posts: 2,046
Posted:
In most associations votes are allocated per lot, not per owner. What do your CCRs say? As an example, here is what mine says:
Class A members shall be all owners, with the
exception of the Developer, and shall be entitled to one
vote for each lot owned. When more than one person holds an
interest in any lot, all such persons shall be members. The
vote for such lot shall be exercised as they determine, but
in no event shall more than one vote be cast with respect to
any lot.


If yours are similar, the owners should originally have had 3 votes. Generally it is also considered that "lot" means as originally platted, otherwise people could split large lots and gain more votes. Based on this, I would expect that in most cases they should still have three votes.

Escaped former treasurer and director of a self managed association.
JohnF30 (California)
Posts: 4
Posted:
Yes ours are similar.

“As originally platted” hadn’t heard or thought of that, thanks
Although it was not what I was hoping to hear.
BenA2 (Texas)
Posts: 1,273
Posted:
Typically, combining two or more lots into one does not change anything in relation to the HOA, unless your governing documents say something to the contrary. The reason is that your subdivision plat is part of your governing documents. You can go to the county and have two lots combined into one, but according to your plat and CC&Rs you still own two lots.

People sometimes combine lots to try to avoid paying assessments but in some states, including mine, the courts have ruled that it does not change the owner's responsibility to pay an assessment for each of the original lots. Of course, it stands to reason that you also maintain the same rights of ownership of each lot.

Every state has different laws so it could be different in CA.

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