{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1829.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1829.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1829.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1829.html"}],"law_id":58609,"edition_id":1,"section_id":58609,"structure_id":14602,"section_number":"55.1-1829","catch_line":"Amendment to declaration and bylaws; consent of mortgagee","history":"1997, c. 887, \u00a7 55-515.1; 1998, c. 32; 1999, c. 805; 2003, cc. 59, 74; 2017, c. 374; 2019, c. 712.","full_text":"A\n\nIn the event that any provision in the declaration requires the written consent of a mortgagee in order to amend the bylaws or the declaration, the association shall be deemed to have received the written consent of a mortgagee if the association sends the text of the proposed amendment by certified mail, return receipt requested, or by regular mail with proof of mailing to the mortgagee at the address supplied by such mortgagee in a written request to the association to receive notice of proposed amendments to the declaration and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the association, unless the declaration expressly provides otherwise. If the mortgagee has not supplied an address to the association, the association shall be deemed to have received the written consent of a mortgagee if the association sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address filed in the land records or with the local tax assessor’s office and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the association, unless the declaration expressly provides otherwise.B\n\nSubsection A shall not apply to amendments that alter the priority of the lien of the mortgagee or that materially impair or affect a lot as collateral or the right of the mortgagee to foreclose on a lot as collateral.C\n\nWhere the declaration is silent on the need for mortgagee consent, no mortgagee consent shall be required if the amendment to the declaration does not specifically affect mortgagee rights.D\n\nExcept as otherwise provided in the declaration, a declaration may be amended by a two-thirds vote of the lot owners.E\n\nAn action to challenge the validity of an amendment adopted by the association may not be brought more than one year after the amendment is effective.F\n\nAgreement of the required majority of lot owners to any amendment of the declaration adopted pursuant to subsection D shall be evidenced by their execution of the amendment, or ratifications of such amendment, and the same shall become effective when a copy of the amendment is recorded together with a certification, signed by the principal officer of the association or by such other officer or officers as the declaration may specify, that the requisite majority of the lot owners signed the amendment or ratifications of such amendment.G\n\nSubsections D and F shall not be construed to affect the validity of any amendment recorded prior to July 1, 2017.","order_by":null,"text":{"0":{"id":214789,"text":"In the event that any provision in the declaration requires the written consent of a mortgagee in order to amend the bylaws or the declaration, the association shall be deemed to have received the written consent of a mortgagee if the association sends the text of the proposed amendment by certified mail, return receipt requested, or by regular mail with proof of mailing to the mortgagee at the address supplied by such mortgagee in a written request to the association to receive notice of proposed amendments to the declaration and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the association, unless the declaration expressly provides otherwise. If the mortgagee has not supplied an address to the association, the association shall be deemed to have received the written consent of a mortgagee if the association sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address filed in the land records or with the local tax assessor’s office and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the association, unless the declaration expressly provides otherwise.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214790,"text":"Subsection A shall not apply to amendments that alter the priority of the lien of the mortgagee or that materially impair or affect a lot as collateral or the right of the mortgagee to foreclose on a lot as collateral.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214791,"text":"Where the declaration is silent on the need for mortgagee consent, no mortgagee consent shall be required if the amendment to the declaration does not specifically affect mortgagee rights.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":214792,"text":"Except as otherwise provided in the declaration, a declaration may be amended by a two-thirds vote of the lot owners.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":214793,"text":"An action to challenge the validity of an amendment adopted by the association may not be brought more than one year after the amendment is effective.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":214794,"text":"Agreement of the required majority of lot owners to any amendment of the declaration adopted pursuant to subsection D shall be evidenced by their execution of the amendment, or ratifications of such amendment, and the same shall become effective when a copy of the amendment is recorded together with a certification, signed by the principal officer of the association or by such other officer or officers as the declaration may specify, that the requisite majority of the lot owners signed the amendment or ratifications of such amendment.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":214795,"text":"Subsections D and F shall not be construed to affect the validity of any amendment recorded prior to July 1, 2017.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14602,"edition_id":1,"name":"Operation and Management of Association","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13840,"metadata":{},"date_created":"2026-06-26 03:48:50","date_modified":"2026-06-26 03:48:50","permalink":{"id":246517,"object_type":"structure","relational_id":14602,"identifier":"3","token":"55.1\/IV\/18\/3","url":"\/55.1\/IV\/18\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13840,"edition_id":1,"name":"Property Owners' Association Act","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:46:02","date_modified":"2026-06-26 03:46:02","permalink":{"id":246475,"object_type":"structure","relational_id":13840,"identifier":"18","token":"55.1\/IV\/18","url":"\/55.1\/IV\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12914,"edition_id":1,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":246473,"object_type":"structure","relational_id":12914,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82116,"structure_id":14602,"section_number":"55.1-1815","catch_line":"Access to association records; association meetings; notice","url":"\/55.1-1815\/","token":"55.1\/IV\/18\/3\/55.1-1815","metadata":false},{"id":58953,"structure_id":14602,"section_number":"55.1-1816","catch_line":"Meetings of the board of directors","url":"\/55.1-1816\/","token":"55.1\/IV\/18\/3\/55.1-1816","metadata":false},{"id":71423,"structure_id":14602,"section_number":"55.1-1817","catch_line":"Distribution of information by members","url":"\/55.1-1817\/","token":"55.1\/IV\/18\/3\/55.1-1817","metadata":false},{"id":74786,"structure_id":14602,"section_number":"55.1-1818","catch_line":"Common areas; notice of pesticide application","url":"\/55.1-1818\/","token":"55.1\/IV\/18\/3\/55.1-1818","metadata":false},{"id":77313,"structure_id":14602,"section_number":"55.1-1819","catch_line":"Adoption and enforcement of rules","url":"\/55.1-1819\/","token":"55.1\/IV\/18\/3\/55.1-1819","metadata":false},{"id":62295,"structure_id":14602,"section_number":"55.1-1819.1","catch_line":"Limitation of smoking in development","url":"\/55.1-1819.1\/","token":"55.1\/IV\/18\/3\/55.1-1819.1","metadata":false},{"id":77241,"structure_id":14602,"section_number":"55.1-1820","catch_line":"Display of the flag of the United States; necessary supporting structures; affirmative defense","url":"\/55.1-1820\/","token":"55.1\/IV\/18\/3\/55.1-1820","metadata":false},{"id":84984,"structure_id":14602,"section_number":"55.1-1820.1","catch_line":"Installation of solar energy collection devices","url":"\/55.1-1820.1\/","token":"55.1\/IV\/18\/3\/55.1-1820.1","metadata":false},{"id":56111,"structure_id":14602,"section_number":"55.1-1821","catch_line":"Home-based businesses permitted; compliance with local ordinances","url":"\/55.1-1821\/","token":"55.1\/IV\/18\/3\/55.1-1821","metadata":false},{"id":80736,"structure_id":14602,"section_number":"55.1-1822","catch_line":"Use of for sale signs in connection with sale","url":"\/55.1-1822\/","token":"55.1\/IV\/18\/3\/55.1-1822","metadata":false},{"id":81871,"structure_id":14602,"section_number":"55.1-1823","catch_line":"Designation of authorized representative","url":"\/55.1-1823\/","token":"55.1\/IV\/18\/3\/55.1-1823","metadata":false},{"id":67080,"structure_id":14602,"section_number":"55.1-1823.1","catch_line":"Electric vehicle charging stations permitted","url":"\/55.1-1823.1\/","token":"55.1\/IV\/18\/3\/55.1-1823.1","metadata":false},{"id":83860,"structure_id":14602,"section_number":"55.1-1824","catch_line":"Assessments; late fees","url":"\/55.1-1824\/","token":"55.1\/IV\/18\/3\/55.1-1824","metadata":false},{"id":69838,"structure_id":14602,"section_number":"55.1-1825","catch_line":"Authority to levy additional assessments; authority to borrow","url":"\/55.1-1825\/","token":"55.1\/IV\/18\/3\/55.1-1825","metadata":false},{"id":63899,"structure_id":14602,"section_number":"55.1-1826","catch_line":"Annual budget; reserve study; reserves for capital components","url":"\/55.1-1826\/","token":"55.1\/IV\/18\/3\/55.1-1826","metadata":false},{"id":68443,"structure_id":14602,"section_number":"55.1-1827","catch_line":"Deposit of funds; fidelity bond","url":"\/55.1-1827\/","token":"55.1\/IV\/18\/3\/55.1-1827","metadata":false},{"id":72141,"structure_id":14602,"section_number":"55.1-1828","catch_line":"Compliance with declaration","url":"\/55.1-1828\/","token":"55.1\/IV\/18\/3\/55.1-1828","metadata":false},{"id":58609,"structure_id":14602,"section_number":"55.1-1829","catch_line":"Amendment to declaration and bylaws; consent of mortgagee","url":"\/55.1-1829\/","token":"55.1\/IV\/18\/3\/55.1-1829","metadata":false},{"id":65977,"structure_id":14602,"section_number":"55.1-1830","catch_line":"Validity of declaration; corrective amendments","url":"\/55.1-1830\/","token":"55.1\/IV\/18\/3\/55.1-1830","metadata":false},{"id":62302,"structure_id":14602,"section_number":"55.1-1831","catch_line":"Reformation of declaration; judicial procedure","url":"\/55.1-1831\/","token":"55.1\/IV\/18\/3\/55.1-1831","metadata":false},{"id":66064,"structure_id":14602,"section_number":"55.1-1832","catch_line":"Use of technology","url":"\/55.1-1832\/","token":"55.1\/IV\/18\/3\/55.1-1832","metadata":false},{"id":74192,"structure_id":14602,"section_number":"55.1-1833","catch_line":"Lien for assessments; foreclosure","url":"\/55.1-1833\/","token":"55.1\/IV\/18\/3\/55.1-1833","metadata":false},{"id":74729,"structure_id":14602,"section_number":"55.1-1834","catch_line":"Notice of sale under deed of trust","url":"\/55.1-1834\/","token":"55.1\/IV\/18\/3\/55.1-1834","metadata":false},{"id":78030,"structure_id":14602,"section_number":"55.1-1835","catch_line":"Annual report by association","url":"\/55.1-1835\/","token":"55.1\/IV\/18\/3\/55.1-1835","metadata":false},{"id":63125,"structure_id":14602,"section_number":"55.1-1836","catch_line":"Condemnation of common area; procedure","url":"\/55.1-1836\/","token":"55.1\/IV\/18\/3\/55.1-1836","metadata":false},{"id":64074,"structure_id":14602,"section_number":"55.1-1837","catch_line":"Termination and duration of certain management contracts","url":"\/55.1-1837\/","token":"55.1\/IV\/18\/3\/55.1-1837","metadata":false}],"previous_section":{"id":72141,"structure_id":14602,"section_number":"55.1-1828","catch_line":"Compliance with declaration","url":"\/55.1-1828\/","token":"55.1\/IV\/18\/3\/55.1-1828","metadata":false},"next_section":{"id":65977,"structure_id":14602,"section_number":"55.1-1830","catch_line":"Validity of declaration; corrective amendments","url":"\/55.1-1830\/","token":"55.1\/IV\/18\/3\/55.1-1830","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1829\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 887<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1998, chapter 32<\/a>; in 1999, chapter 805<\/a>; in 2003, chapters 59<\/a> and 74<\/a>; in 2017, chapter 374<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":62302,"section_number":"55.1-1831","catch_line":"Reformation of declaration; judicial procedure","order_by":null,"url":"\/55.1-1831\/"}],"refers_to":false,"permalink":{"id":246587,"object_type":"law","relational_id":58609,"identifier":"55.1-1829","token":"55.1\/IV\/18\/3\/55.1-1829","url":"\/55.1-1829\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1829\/","token":"55.1\/IV\/18\/3\/55.1-1829","dublin_core":{"Title":"Amendment to declaration and bylaws; consent of mortgagee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1829","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the event that any provision in the declaration<\/span> requires the written consent of a mortgagee in order<\/span> to amend<\/span> the bylaws or the declaration<\/span>, the association<\/span> shall be deemed to have received the written consent of a mortgagee if the association<\/span> sends the text of the proposed amendment by certified mail, return receipt requested, or by regular mail with proof of mailing to the mortgagee at the address supplied by such mortgagee in a written request to the association<\/span> to receive notice of proposed amendments to the declaration<\/span> and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the association<\/span>, unless the declaration<\/span> expressly provides otherwise. If the mortgagee has not supplied an address to the association<\/span>, the association<\/span> shall be deemed to have received the written consent of a mortgagee if the association<\/span> sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address filed in the land records or with the local tax assessor’s office and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the association<\/span>, unless the declaration<\/span> expressly provides otherwise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subsection A shall not apply to amendments that alter the priority of the lien<\/span> of the mortgagee or that materially impair or affect a lot<\/span> as collateral<\/span> or the right of the mortgagee to foreclose on a lot<\/span> as collateral<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where the declaration<\/span> is silent on the need for mortgagee consent, no mortgagee consent shall be required if the amendment to the declaration<\/span> does not specifically affect mortgagee rights. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as otherwise provided in the declaration<\/span>, a declaration<\/span> may be amended by a two-thirds vote of the lot owners<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An action to challenge the validity of an amendment adopted by the association<\/span> may not be brought more than one year after the amendment is effective. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Agreement of the required majority of lot owners<\/span> to any amendment of the declaration<\/span> adopted pursuant to subsection D shall be evidenced by their execution of the amendment, or ratifications of such amendment, and the same shall become effective when a copy of the amendment is recorded together with a certification, signed by the principal officer of the association<\/span> or by such other officer or officers as the declaration<\/span> may specify, that the requisite majority of the lot owners<\/span> signed the amendment or ratifications of such amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Subsections D and F shall not be construed to affect the validity of any amendment recorded prior to July 1, 2017. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMENDMENT TO DECLARATION AND BYLAWS; CONSENT OF MORTGAGEE (\u00a7 55.1-1829)\n\nA. In the event that any provision in the declaration requires the written\nconsent of a mortgagee in order to amend the bylaws or the declaration, the\nassociation shall be deemed to have received the written consent of a mortgagee\nif the association sends the text of the proposed amendment by certified mail,\nreturn receipt requested, or by regular mail with proof of mailing to the\nmortgagee at the address supplied by such mortgagee in a written request to the\nassociation to receive notice of proposed amendments to the declaration and\nreceives no written objection to the adoption of the amendment from the\nmortgagee within 60 days of the date that the notice of amendment is sent by the\nassociation, unless the declaration expressly provides otherwise. If the\nmortgagee has not supplied an address to the association, the association shall\nbe deemed to have received the written consent of a mortgagee if the association\nsends the text of the proposed amendment by certified mail, return receipt\nrequested, to the mortgagee at the address filed in the land records or with the\nlocal tax assessor’s office and receives no written objection to the\nadoption of the amendment from the mortgagee within 60 days of the date that the\nnotice of amendment is sent by the association, unless the declaration expressly\nprovides otherwise.\n\nB. Subsection A shall not apply to amendments that alter the priority of the\nlien of the mortgagee or that materially impair or affect a lot as collateral or\nthe right of the mortgagee to foreclose on a lot as collateral.\n\nC. Where the declaration is silent on the need for mortgagee consent, no\nmortgagee consent shall be required if the amendment to the declaration does not\nspecifically affect mortgagee rights.\n\nD. Except as otherwise provided in the declaration, a declaration may be amended\nby a two-thirds vote of the lot owners.\n\nE. An action to challenge the validity of an amendment adopted by the\nassociation may not be brought more than one year after the amendment is\neffective.\n\nF. Agreement of the required majority of lot owners to any amendment of the\ndeclaration adopted pursuant to subsection D shall be evidenced by their\nexecution of the amendment, or ratifications of such amendment, and the same\nshall become effective when a copy of the amendment is recorded together with a\ncertification, signed by the principal officer of the association or by such\nother officer or officers as the declaration may specify, that the requisite\nmajority of the lot owners signed the amendment or ratifications of such\namendment.\n\nG. Subsections D and F shall not be construed to affect the validity of any\namendment recorded prior to July 1, 2017.\n\nHISTORY: 1997, c. 887, \u00a7 55-515.1; 1998, c. 32; 1999, c. 805; 2003, cc. 59, 74;\n2017, c. 374; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}