{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1831.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1831.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1831.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1831.html"}],"law_id":62302,"edition_id":1,"section_id":62302,"structure_id":14602,"section_number":"55.1-1831","catch_line":"Reformation of declaration; judicial procedure","history":"2014, c. 659, \u00a7 55-515.2:1; 2019, c. 712.","full_text":"A\n\nAn association may petition the circuit court in the county or city in which the development or the greater part of the development is located to reform a declaration where the association, acting through its board of directors, has attempted to amend the declaration regarding ownership of legal title of the common areas or real property using provisions outlined in such declaration to resolve (i) ambiguities or inconsistencies in the declaration that are the source of legal and other disputes pertaining to the legal rights and responsibilities of the association or individual lot owners or (ii) scrivener’s errors, including incorrectly identifying the association, incorrectly identifying an entity other than the association, or errors arising from oversight or from an inadvertent omission or mathematical mistake.B\n\nThe court shall have jurisdiction over matters set forth in subsection A regarding ownership of legal title of the common areas or real property to:1\n\nReform, in whole or in part, any provision of a declaration; and2\n\nCorrect any mistake or other error in the declaration that may exist with respect to the declaration for any other purpose.C\n\nA petition filed by the association with the court setting forth any inconsistency or error made in the declaration, or the necessity for any change in the declaration, shall be deemed sufficient basis for the reformation, in whole or in part, of the declaration, provided that:1\n\nThe association has made three good faith attempts to convene a duly called meeting of the association to present for consideration amendments to the declaration for the reasons specified in subsection A, which attempts have proven unsuccessful as evidenced by an affidavit verified by oath of the principal officer of the association;2\n\nThere is no adequate remedy at law as practical and effective to attain the ends of justice as may be accomplished in the circuit court;3\n\nWhere the declarant of the development still owns a lot or other property in the development, the declarant joins in the petition of the association;4\n\nA copy of the petition is sent to all owners at least 30 days before the petition is filed as evidenced by an affidavit verified by oath of the principal officer of the association; and5\n\nA copy of the petition is sent to all mortgagees at least 30 days before the petition is filed as evidenced by an affidavit verified by oath of the principal officer of the association.D\n\nAny mortgagee of a lot in the development shall have standing to participate in the reformation proceedings before the court. No reformation pursuant to this section shall affect mortgagee rights, alter the priority of the lien of any mortgage, materially impair or affect any lot as collateral for a mortgage, or affect a mortgagee’s right to foreclose on a lot as collateral without the prior written consent of the mortgagee. Consent of a mortgagee required by this section may be deemed received pursuant to § 55.1-1829.","order_by":null,"text":{"0":{"id":227241,"text":"An association may petition the circuit court in the county or city in which the development or the greater part of the development is located to reform a declaration where the association, acting through its board of directors, has attempted to amend the declaration regarding ownership of legal title of the common areas or real property using provisions outlined in such declaration to resolve (i) ambiguities or inconsistencies in the declaration that are the source of legal and other disputes pertaining to the legal rights and responsibilities of the association or individual lot owners or (ii) scrivener’s errors, including incorrectly identifying the association, incorrectly identifying an entity other than the association, or errors arising from oversight or from an inadvertent omission or mathematical mistake.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":227242,"text":"The court shall have jurisdiction over matters set forth in subsection A regarding ownership of legal title of the common areas or real property to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":227243,"text":"Reform, in whole or in part, any provision of a declaration; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":227244,"text":"Correct any mistake or other error in the declaration that may exist with respect to the declaration for any other purpose.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":227245,"text":"A petition filed by the association with the court setting forth any inconsistency or error made in the declaration, or the necessity for any change in the declaration, shall be deemed sufficient basis for the reformation, in whole or in part, of the declaration, provided that:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"5":{"id":227246,"text":"The association has made three good faith attempts to convene a duly called meeting of the association to present for consideration amendments to the declaration for the reasons specified in subsection A, which attempts have proven unsuccessful as evidenced by an affidavit verified by oath of the principal officer of the association;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":227247,"text":"There is no adequate remedy at law as practical and effective to attain the ends of justice as may be accomplished in the circuit court;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":227248,"text":"Where the declarant of the development still owns a lot or other property in the development, the declarant joins in the petition of the association;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"8":{"id":227249,"text":"A copy of the petition is sent to all owners at least 30 days before the petition is filed as evidenced by an affidavit verified by oath of the principal officer of the association; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"9":{"id":227250,"text":"A copy of the petition is sent to all mortgagees at least 30 days before the petition is filed as evidenced by an affidavit verified by oath of the principal officer of the association.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"10":{"id":227251,"text":"Any mortgagee of a lot in the development shall have standing to participate in the reformation proceedings before the court. No reformation pursuant to this section shall affect mortgagee rights, alter the priority of the lien of any mortgage, materially impair or affect any lot as collateral for a mortgage, or affect a mortgagee’s right to foreclose on a lot as collateral without the prior written consent of the mortgagee. Consent of a mortgagee required by this section may be deemed received pursuant to § 55.1-1829.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1831\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapter 659<\/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 1 time. 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. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":58609,"section_number":"55.1-1829","catch_line":"Amendment to declaration and bylaws; consent of mortgagee","order_by":null,"url":"\/55.1-1829\/"}],"permalink":{"id":246595,"object_type":"law","relational_id":62302,"identifier":"55.1-1831","token":"55.1\/IV\/18\/3\/55.1-1831","url":"\/55.1-1831\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1831\/","token":"55.1\/IV\/18\/3\/55.1-1831","dublin_core":{"Title":"Reformation of declaration; judicial procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1831","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An association<\/span> may petition<\/span> the circuit<\/span> court<\/span> in the county or city in which the development<\/span> or the greater part of the development<\/span> is located to reform a declaration<\/span> where the association<\/span>, acting through its board of directors<\/span>, has attempted to amend<\/span> the declaration<\/span> regarding ownership of legal title of the common areas<\/span> or real property using provisions outlined in such declaration<\/span> to resolve (i) ambiguities or inconsistencies in the declaration<\/span> that are the source of legal and other disputes pertaining to the legal rights and responsibilities of the association<\/span> or individual lot owners<\/span> or (ii) scrivener’s errors, including incorrectly identifying the association<\/span>, incorrectly identifying an entity other than the association<\/span>, or errors arising from oversight or from an inadvertent omission or mathematical mistake. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> shall have jurisdiction<\/span> over matters set forth in subsection A regarding ownership of legal title of the common areas<\/span> or real property to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Reform, in whole or in part, any provision of a declaration<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Correct any mistake or other error in the declaration<\/span> that may exist with respect to the declaration<\/span> for any other purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A petition<\/span> filed by the association<\/span> with the court<\/span> setting forth any inconsistency or error made in the declaration<\/span>, or the necessity for any change in the declaration<\/span>, shall be deemed sufficient basis for the reformation, in whole or in part, of the declaration<\/span>, provided that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The association<\/span> has made three good faith attempts to convene a duly called meeting of the association<\/span> to present for consideration amendments to the declaration<\/span> for the reasons specified in subsection A, which attempts have proven unsuccessful as evidenced by an affidavit<\/span> verified by oath<\/span> of the principal officer of the association<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> There is no adequate remedy at law<\/span> as practical and effective to attain the ends of justice as may be accomplished in the circuit<\/span> court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Where the declarant<\/span> of the development<\/span> still owns a lot or other property in the development<\/span>, the declarant<\/span> joins in the petition<\/span> of the association<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A copy of the petition<\/span> is sent to all owners at least 30 days before the petition<\/span> is filed as evidenced by an affidavit<\/span> verified by oath<\/span> of the principal officer of the association<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A copy of the petition<\/span> is sent to all mortgagees at least 30 days before the petition<\/span> is filed as evidenced by an affidavit<\/span> verified by oath<\/span> of the principal officer of the association<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any mortgagee of a lot in the development<\/span> shall have standing to participate in the reformation proceedings before the court<\/span>. No reformation pursuant to this section shall affect mortgagee rights, alter the priority of the lien<\/span> of any mortgage, materially impair or affect any lot as collateral<\/span> for a mortgage, or affect a mortgagee’s right to foreclose on a lot as collateral<\/span> without the prior written consent of the mortgagee. Consent of a mortgagee required by this section may be deemed received pursuant to § 55.1-1829<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREFORMATION OF DECLARATION; JUDICIAL PROCEDURE (\u00a7 55.1-1831)\n\nA. An association may petition the circuit court in the county or city in which\nthe development or the greater part of the development is located to reform a\ndeclaration where the association, acting through its board of directors, has\nattempted to amend the declaration regarding ownership of legal title of the\ncommon areas or real property using provisions outlined in such declaration to\nresolve (i) ambiguities or inconsistencies in the declaration that are the\nsource of legal and other disputes pertaining to the legal rights and\nresponsibilities of the association or individual lot owners or (ii)\nscrivener’s errors, including incorrectly identifying the association,\nincorrectly identifying an entity other than the association, or errors arising\nfrom oversight or from an inadvertent omission or mathematical mistake.\n\nB. The court shall have jurisdiction over matters set forth in subsection A\nregarding ownership of legal title of the common areas or real property to:\n\n 1. Reform, in whole or in part, any provision of a declaration; and\n\n 2. Correct any mistake or other error in the declaration that may exist with\n respect to the declaration for any other purpose.\n\nC. A petition filed by the association with the court setting forth any\ninconsistency or error made in the declaration, or the necessity for any change\nin the declaration, shall be deemed sufficient basis for the reformation, in\nwhole or in part, of the declaration, provided that:\n\n 1. The association has made three good faith attempts to convene a duly called\n meeting of the association to present for consideration amendments to the\n declaration for the reasons specified in subsection A, which attempts have\n proven unsuccessful as evidenced by an affidavit verified by oath of the\n principal officer of the association;\n\n 2. There is no adequate remedy at law as practical and effective to attain the\n ends of justice as may be accomplished in the circuit court;\n\n 3. Where the declarant of the development still owns a lot or other property\n in the development, the declarant joins in the petition of the association;\n\n 4. A copy of the petition is sent to all owners at least 30 days before the\n petition is filed as evidenced by an affidavit verified by oath of the\n principal officer of the association; and\n\n 5. A copy of the petition is sent to all mortgagees at least 30 days before\n the petition is filed as evidenced by an affidavit verified by oath of the\n principal officer of the association.\n\nD. Any mortgagee of a lot in the development shall have standing to participate\nin the reformation proceedings before the court. No reformation pursuant to this\nsection shall affect mortgagee rights, alter the priority of the lien of any\nmortgage, materially impair or affect any lot as collateral for a mortgage, or\naffect a mortgagee’s right to foreclose on a lot as collateral without the\nprior written consent of the mortgagee. Consent of a mortgagee required by this\nsection may be deemed received pursuant to § 55.1-1829.\n\nHISTORY: 2014, c. 659, \u00a7 55-515.2:1; 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}}