55-79.71 - Amendment of condominium instruments. - Virginia Statutes

§ 55-79.71. Amendment of condominium instruments.

A. If there is no unit owner other than the declarant, the declarant mayunilaterally amend the condominium instruments, and the amendment shallbecome effective upon the recordation thereof if the amendment has beenexecuted by the declarant. But this section shall not be construed tonullify, limit, or otherwise affect the validity of enforceability of anyagreement renouncing or to renounce, in whole or in part, the right herebyconferred.

B. If any of the units in the condominium is restricted exclusively toresidential use and there is any unit owner other than the declarant, thecondominium instruments shall be amended only by agreement of unit owners ofunits to which two-thirds of the votes in the unit owners' associationappertain, or such larger majority as the condominium instruments mayspecify, except in cases for which this chapter provides different methods ofamendment. If none of the units in the condominium is restricted exclusivelyto residential use, the condominium instruments may specify a majoritysmaller than the minimum specified in the preceding sentence.

C. An action to challenge the validity of an amendment adopted by the unitowners' association pursuant to this section may not be brought more than oneyear after the amendment is recorded.

D. Agreement of the required majority of unit owners to any amendment of thecondominium instruments shall be evidenced by their execution of theamendment, or ratifications thereof, and the same shall become effective whena copy of the amendment is recorded together with a certification, signed bythe principal officer of the unit owners' association or by such otherofficer or officers as the condominium instruments may specify, that therequisite majority of the unit owners signed the amendment or ratificationsthereof.

E. Except to the extent expressly permitted or expressly required by otherprovisions of this chapter, or agreed to by 100 percent of the unit owners,no amendment to the condominium instruments shall change (i) the boundariesof any unit, (ii) the undivided interest in the common elements, (iii) theliability for common expenses, or (iv) the number of votes in the unitowners' association that appertains to any unit.

F. Notwithstanding any other provision of this section, the declarant mayunilaterally execute and record a corrective amendment or supplement to thecondominium instruments to correct a mathematical mistake, an inconsistencyor a scrivener's error, or clarify an ambiguity in the condominiuminstruments with respect to an objectively verifiable fact (including withoutlimitation recalculating the undivided interest in the common elements, theliability for common expenses or the number of votes in the unit owners'association appertaining to a unit), within five years after the recordationof the condominium instrument containing or creating such mistake,inconsistency, error or ambiguity. No such amendment or supplement maymaterially reduce what the obligations of the declarant would have been ifthe mistake, inconsistency, error or ambiguity had not occurred. Regardlessof the date of recordation of the condominium instruments, the principalofficer of the unit owners' association may also unilaterally execute andrecord such a corrective amendment or supplement upon a vote of two-thirds ofthe members of the executive organ. All corrective amendments andsupplements recorded prior to July 1, 1986, are hereby validated to theextent that such corrective amendments and supplements would have beenpermitted by this subsection.

(1974, c. 416; 1993, c. 667.)