Is One Vote Per Lot Chiseled in Stone anywhere?

…..If it is, I would like to use it for my defense. A little background information: Nine years ago, my wife and I decided to build a home in an almost empty subdivision. We bought two lots to build on and rented the only house in the subdivision while ours was being built across the street. Upon completion of our new home, we moved in and the contractor who owned the subdivision sold the house we had been renting to a nice young couple. Several years went by and we were the only two homes there. About four years ago the subdivision was sold to a large developer who immediately moved in and started building houses. The homes were built on single lots. The HOA was being ran by a management company. Now fast forward to present: Some of the neighbors thought it would be cheaper to get rid of the management company and start running things themselves. Board members were elected and the simplified, long existent HOA By-Laws started getting amendments and changes. Some changes were warranted while others were petty and left me shaking my head. The main one in question, "Limited HOA members who own multiple lots to only (1) vote for HOA matters". My HOA dues, however would still be double than anyone elses, as I am the only one that has multiple lots (2). Each lot is charged dues assessment fees annually. It doesn't look ethical nor reasonable to take away a vote from a lot while still charging assessment fees to that lot. The HOA dues are not collected until after the first of the year (2020). There has been no discussion between me and the board concerning this. I just felt it best if I had some stated Law or printed common sense guidelines I could present in my defense. Any help would be appreciated.

Here's a draft letter of demand (lite version). Send it certified mail to either the HOA manager or each of the directors.

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Dear Board of Directors,

In the year 200_ the HOA amended its Declaration to allow owners of multiple lots only one vote. This is despite the fact that multiple lot owners pay an assessment equal to the number of lots owned multiplied by the assessment for one lot. Alabama statutes appear to me to speak to the unlawfulness of this amendment as follows:

Section 35-20-7
"Election of a board of directors and officers; modification of declaration.
A declaration or the governing documents of a homeowners' association may provide for a period in which the declarant will maintain control of the election of directors and officers of the association and a right to reasonably alter, amend, or modify the declaration."

Section 35-20-8
"Priority of declaration.
If a conflict exists between the declaration and the governing documents of a homeowners' association, the declaration prevails, except to the extent that the declaration is inconsistent with this chapter."

Pursuant to the last phrase of Section 35-20-7, I believe it is not reasonable to amend the declaration so that, despite my paying the exact same assessment on each of two lots, I am limited to a total of only one vote. In addition, I understand that the courts have ruled that HOAs are quasi-governmental and do have some obligation to abide by the U. S. Constitution and state constitutions. By removing my property rights, I believe the HOA violates first, the U. S. Constitution's 14th amendment rights not to be deprived of property rights (effectively depriving me of property) and second, the Alabama Constitution's Section 6 clause on same.

I respectfully request that the Board please (1) consult the HOA's attorney on this matter; (2) announce that the amendment to our HOA's Declaration, assigning only one vote total to owners of multiple lots, has been found to be legally inequitable and unlawful and therefore, will be disregarded; and (3) assign me two votes at all HOA elections and any other time a vote of the membership is called.

Please let me know your decision on this by November 15.

Thank you,

Sam ______
Owner, Lots ___ and ___
Roy Moore HOA

Good advice from Augustin.

I've seen situations where someone can't own more than X units. But X was never 2 - more like 3 or more.

One way around it is to form an LLC, transfer title to one unit to that LLC, and -- tada -- there are different owners for the different units. Should be reasonably inexpensive for a lawyer to do.

Sam, are you saying your declaration and bylaws are the same document, not two separate documents?

All of augustine's points make sense. I like NpS's idea of a having a different "owner" of the 2nd lot.

I had thought about my wife owning one lot and I owning the other, but that's a little murky. The L.L.C. would be the answer to that. Great idea, Thank-You for your reply, NpS.

Ignorance is bliss.

Ok if the voting members are fee owners, come homes may have 1,2,3 or even 4 owners. According to this horribly written document, each person will get a vote.