{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1830.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1830.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1830.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1830.html"}],"law_id":65977,"edition_id":1,"section_id":65977,"structure_id":14602,"section_number":"55.1-1830","catch_line":"Validity of declaration; corrective amendments","history":"1998, c. 32, \u00a7 55-515.2; 2001, c. 271; 2019, c. 712.","full_text":"A\n\nAll provisions of a declaration shall be deemed severable, and any unlawful provision of the declaration shall be void.B\n\nNo provision of a declaration shall be deemed void by reason of the rule against perpetuities.C\n\nNo restraint on alienation shall discriminate or be used to discriminate on any basis prohibited under the Virginia Fair Housing Law (§ 36-96.1 et seq.).D\n\nSubject to the provisions of subsection C, the rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of a declaration restraining the alienation of lots other than such lots as may be restricted to residential use only.E\n\nThe rule of property law known as the doctrine of merger shall not apply to any easement included in or granted pursuant to a right reserved in a declaration.F\n\nThe declarant may unilaterally execute and record a corrective amendment or supplement to the declaration to correct a mathematical mistake, an inconsistency, or a scrivener’s error or clarify an ambiguity in the declaration with respect to an objectively verifiable fact, including recalculating the liability for assessments or the number of votes in the association appertaining to a lot, within five years after the recordation of the declaration containing or creating such mistake, inconsistency, error, or ambiguity. No such amendment or supplement may materially reduce what the obligations of the declarant would have been if the mistake, inconsistency, error, or ambiguity had not occurred. Regardless of the date of recordation of the declaration, the principal officer of the association may also unilaterally execute and record such a corrective amendment or supplement upon a vote of two-thirds of the members of the board of directors. All corrective amendments and supplements recorded prior to July 1, 1997, are hereby validated to the extent that such corrective amendments and supplements would have been permitted by this subsection.","order_by":null,"text":{"0":{"id":239711,"text":"All provisions of a declaration shall be deemed severable, and any unlawful provision of the declaration shall be void.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":239712,"text":"No provision of a declaration shall be deemed void by reason of the rule against perpetuities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":239713,"text":"No restraint on alienation shall discriminate or be used to discriminate on any basis prohibited under the Virginia Fair Housing Law (§ 36-96.1 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":239714,"text":"Subject to the provisions of subsection C, the rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of a declaration restraining the alienation of lots other than such lots as may be restricted to residential use only.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":239715,"text":"The rule of property law known as the doctrine of merger shall not apply to any easement included in or granted pursuant to a right reserved in a declaration.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":239716,"text":"The declarant may unilaterally execute and record a corrective amendment or supplement to the declaration to correct a mathematical mistake, an inconsistency, or a scrivener’s error or clarify an ambiguity in the declaration with respect to an objectively verifiable fact, including recalculating the liability for assessments or the number of votes in the association appertaining to a lot, within five years after the recordation of the declaration containing or creating such mistake, inconsistency, error, or ambiguity. No such amendment or supplement may materially reduce what the obligations of the declarant would have been if the mistake, inconsistency, error, or ambiguity had not occurred. Regardless of the date of recordation of the declaration, the principal officer of the association may also unilaterally execute and record such a corrective amendment or supplement upon a vote of two-thirds of the members of the board of directors. All corrective amendments and supplements recorded prior to July 1, 1997, are hereby validated to the extent that such corrective amendments and supplements would have been permitted by this subsection.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1830\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 32<\/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 2 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 2001, chapter 271<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":65553,"section_number":"36-96.1","catch_line":"Declaration of policy","order_by":null,"url":"\/36-96.1\/"}],"permalink":{"id":246591,"object_type":"law","relational_id":65977,"identifier":"55.1-1830","token":"55.1\/IV\/18\/3\/55.1-1830","url":"\/55.1-1830\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1830\/","token":"55.1\/IV\/18\/3\/55.1-1830","dublin_core":{"Title":"Validity of declaration; corrective amendments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1830","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All provisions of a declaration<\/span> shall be deemed severable, and any unlawful provision of the declaration<\/span> shall be void. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No provision of a declaration<\/span> shall be deemed void by reason of the rule against perpetuities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No restraint on alienation shall discriminate or be used to discriminate on any basis prohibited under the Virginia Fair Housing Law<\/span> (§ 36-96.1<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Subject to the provisions of subsection C, the rule of property law<\/span> known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of a declaration<\/span> restraining the alienation of lots<\/span> other than such lots<\/span> as may be restricted to residential use only. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The rule of property law<\/span> known as the doctrine of merger shall not apply to any easement included in or granted pursuant to a right reserved in a declaration<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The declarant<\/span> may unilaterally execute and record a corrective amendment or supplement to the declaration<\/span> to correct a mathematical mistake, an inconsistency, or a scrivener’s error or clarify an ambiguity in the declaration<\/span> with respect to an objectively verifiable fact<\/span>, including recalculating the liability for assessments or the number of votes in the association<\/span> appertaining to a lot<\/span>, within five years after the recordation of the declaration<\/span> containing or creating such mistake, inconsistency, error, or ambiguity. No such amendment or supplement may materially reduce what the obligations of the declarant<\/span> would have been if the mistake, inconsistency, error, or ambiguity had not occurred. Regardless of the date of recordation of the declaration<\/span>, the principal officer of the association<\/span> may also unilaterally execute and record such a corrective amendment or supplement upon a vote of two-thirds of the members of the board of directors<\/span>. All corrective amendments and supplements recorded prior to July 1, 1997, are hereby validated to the extent that such corrective amendments and supplements would have been permitted by this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVALIDITY OF DECLARATION; CORRECTIVE AMENDMENTS (\u00a7 55.1-1830)\n\nA. All provisions of a declaration shall be deemed severable, and any unlawful\nprovision of the declaration shall be void.\n\nB. No provision of a declaration shall be deemed void by reason of the rule\nagainst perpetuities.\n\nC. No restraint on alienation shall discriminate or be used to discriminate on\nany basis prohibited under the Virginia Fair Housing Law (§ 36-96.1 et\nseq.).\n\nD. Subject to the provisions of subsection C, the rule of property law known as\nthe rule restricting unreasonable restraints on alienation shall not be applied\nto defeat any provision of a declaration restraining the alienation of lots\nother than such lots as may be restricted to residential use only.\n\nE. The rule of property law known as the doctrine of merger shall not apply to\nany easement included in or granted pursuant to a right reserved in a\ndeclaration.\n\nF. The declarant may unilaterally execute and record a corrective amendment or\nsupplement to the declaration to correct a mathematical mistake, an\ninconsistency, or a scrivener’s error or clarify an ambiguity in the\ndeclaration with respect to an objectively verifiable fact, including\nrecalculating the liability for assessments or the number of votes in the\nassociation appertaining to a lot, within five years after the recordation of\nthe declaration containing or creating such mistake, inconsistency, error, or\nambiguity. No such amendment or supplement may materially reduce what the\nobligations of the declarant would have been if the mistake, inconsistency,\nerror, or ambiguity had not occurred. Regardless of the date of recordation of\nthe declaration, the principal officer of the association may also unilaterally\nexecute and record such a corrective amendment or supplement upon a vote of\ntwo-thirds of the members of the board of directors. All corrective amendments\nand supplements recorded prior to July 1, 1997, are hereby validated to the\nextent that such corrective amendments and supplements would have been permitted\nby this subsection.\n\nHISTORY: 1998, c. 32, \u00a7 55-515.2; 2001, c. 271; 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}}