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Dear Mr. Bayer

As City Attorney for the City of Marineland, you have asked for my opinion on substantially the following questions:

1. Should "common area" land that is owned by a homeowners association organized under section 720, Florida Statutes, be included, or excluded, from the calculation of "land owned by individuals, corporations, or legal entities which are not registered electors of such area," as provided in section 171.0431(5), Florida Statutes?

2. If such "common area" is to be considered under the definition of "land," what approval of owners is required to consent to annexation…