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The laws vary from state to state but state law must be followed in order to avoid title defects. There should be a procedure whereby additional land can be added to the common areas through an amendment to the Master Deed or the Declaration of Trust or the document that created the HOA. The right to amend the Master Deed should be reserved in the original declaration. You should consult with the attorney who drafted the original documents that created the community and association, the attorney who represents the community/association presently or an attorney who specializes in real estate law.

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