(a) One vote per lot. — Notwithstanding any other provision of law or any provision in the declaration, bylaws, rules, deeds, agreements, or recorded covenants or restrictions of a homeowners association, until the time all lots in a homeowners association have been subdivided and recorded in the land records of the county in which the homeowners association is located, the declarant, when voting on a homeowners association matter, shall have a number of votes that is equal to the number of lots that:
(1) Has been subdivided and recorded in the land records of the county in which the homeowners association is located; and
(2) Has not been sold to members of the public.
(b) Number of votes set forth in governing documents. — Before the date on which all lots that may be part of the development have been subdivided and recorded in the land records of the county in which the homeowners association is located, the declarant, when voting on a homeowners association matter, shall be entitled to the number of votes set forth in the governing documents of the homeowners association.
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