(a) 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, beginning on 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 one vote per lot that:

(b) 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.