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[QUOTE=Local;1231768]On the other hand the HOA is human and if enough media attention gets involved including as someone mentioned a senator they could very quickly vote to amend the agreement and make an exception./QUOTE]
Yeah, kinda, but no not really. The HOA is a not-for-profit entity that is controlled by humans subject to articles, bylaws and CC&Rs. If the developer is still in control and reserved the right to amend the provision at issue, then yes, it is likely an easy fix. If, however, turnover has occurred, then it will likely require the consent of a certain percentage (as least a majority) of the homeowners, which can be an uphill battle for even the most logical of requests. Having to go back to the homeowners is almost always a worst case scenario.
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