§1141.7.  Agreement of owners; voting

A.  Each lot represents a single vote which can be exercised by the signature or other indication of the registered lot owner or of a single co-owner, the latter of which is presumed to be acting on behalf of the other co-owners.  A plot or parcel of unimproved land which is substantially larger than a majority of other lots in the association, however, shall be treated as separate lots, the number of which to be roughly determined by the size of the land in relation to other lots.  The ownership interest in common areas, streets, or street rights-of-way does not constitute a voting interest.

B.  For purposes of this Subpart, an agreement of lot owners may be obtained by any of the following methods, or a combination thereof:

(1)  By a written ballot that states the substance of the issue before the owners and specifies the date by which the return ballot must be received to be counted.  The ballot shall be accompanied by the full text of the building restriction being established, amended, or terminated and shall be mailed to the owner by certified mail not less than thirty days prior to the date by which the return ballot must be received.

(2)  At a meeting of the owners if written notice of the meeting stating the purpose of the meeting is delivered to each lot owner.  The notice shall be accompanied by an agenda of the meeting and the full text of the building restriction being established, amended, or terminated.  Such notice shall be mailed to the owner, by certified mail, not less than thirty days prior to the date of the meeting.

Acts 1999, No. 309, §2, eff. June 16, 1999.