{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1941.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1941.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1941.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1941.html"}],"law_id":86301,"edition_id":1,"section_id":86301,"structure_id":13236,"section_number":"55.1-1941","catch_line":"Amendment to condominium instruments; consent of mortgagee","history":"1993, c. 1, \u00a7 55-79.73:1; 1998, c. 32; 2007, c. 675; 2019, c. 712; 2020, c. 817.","full_text":"A\n\nIf any provision in the condominium instruments requires the written consent of a mortgagee in order to amend the condominium instruments, the unit owners’ association shall be deemed to have received the written consent of a mortgagee if the unit owners’ association sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address supplied by such mortgagee in a written request to the unit owners’ association to receive notice of proposed amendments to the condominium instruments 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 unit owners’ association, unless the condominium instruments expressly provide otherwise. If the mortgagee has not supplied an address to the unit owners’ association, the unit owners’ association shall be deemed to have received the written consent of a mortgagee if the unit owners’ 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 unit owners’ association, unless the condominium instruments expressly provide otherwise.B\n\nAny amendment adopted without the required consent of a mortgagee shall be voidable only by an institutional lender that was entitled to notice and an opportunity to consent. An action to void an amendment shall be subject to the one-year statute of limitations set forth in subsection C of § 55.1-1934 beginning on the date of recordation of the amendment.C\n\nSubsection A shall not apply to amendments that alter the priority of the lien of the mortgagee or that materially impair or affect the unit as collateral or the right of the mortgagee to foreclose on a unit as collateral.D\n\nWhere the condominium instruments are silent on the need for mortgagee consent, no mortgagee consent shall be required if the amendment to the condominium instruments does not specifically affect mortgagee rights.","order_by":null,"text":{"0":{"id":309075,"text":"If any provision in the condominium instruments requires the written consent of a mortgagee in order to amend the condominium instruments, the unit owners’ association shall be deemed to have received the written consent of a mortgagee if the unit owners’ association sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address supplied by such mortgagee in a written request to the unit owners’ association to receive notice of proposed amendments to the condominium instruments 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 unit owners’ association, unless the condominium instruments expressly provide otherwise. If the mortgagee has not supplied an address to the unit owners’ association, the unit owners’ association shall be deemed to have received the written consent of a mortgagee if the unit owners’ 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 unit owners’ association, unless the condominium instruments expressly provide otherwise.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309076,"text":"Any amendment adopted without the required consent of a mortgagee shall be voidable only by an institutional lender that was entitled to notice and an opportunity to consent. An action to void an amendment shall be subject to the one-year statute of limitations set forth in subsection C of § 55.1-1934 beginning on the date of recordation of the amendment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":309077,"text":"Subsection A shall not apply to amendments that alter the priority of the lien of the mortgagee or that materially impair or affect the unit as collateral or the right of the mortgagee to foreclose on a unit as collateral.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":309078,"text":"Where the condominium instruments are silent on the need for mortgagee consent, no mortgagee consent shall be required if the amendment to the condominium instruments does not specifically affect mortgagee rights.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13236,"edition_id":1,"name":"Management of Condominium","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13018,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":246789,"object_type":"structure","relational_id":13236,"identifier":"3","token":"55.1\/IV\/19\/3","url":"\/55.1\/IV\/19\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13018,"edition_id":1,"name":"Virginia Condominium Act","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":246623,"object_type":"structure","relational_id":13018,"identifier":"19","token":"55.1\/IV\/19","url":"\/55.1\/IV\/19\/","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":75299,"structure_id":13236,"section_number":"55.1-1940","catch_line":"Bylaws to be recorded with declaration; 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necessary supporting structures; affirmative defense","url":"\/55.1-1951\/","token":"55.1\/IV\/19\/3\/55.1-1951","metadata":false},{"id":80764,"structure_id":13236,"section_number":"55.1-1951.1","catch_line":"Installation of solar energy collection devices","url":"\/55.1-1951.1\/","token":"55.1\/IV\/19\/3\/55.1-1951.1","metadata":false},{"id":70408,"structure_id":13236,"section_number":"55.1-1952","catch_line":"Meetings of unit owners' association and executive board; quorums","url":"\/55.1-1952\/","token":"55.1\/IV\/19\/3\/55.1-1952","metadata":false},{"id":64764,"structure_id":13236,"section_number":"55.1-1953","catch_line":"Meetings of unit owners' association and executive board; voting by unit owners; proxies","url":"\/55.1-1953\/","token":"55.1\/IV\/19\/3\/55.1-1953","metadata":false},{"id":69473,"structure_id":13236,"section_number":"55.1-1954","catch_line":"Officers","url":"\/55.1-1954\/","token":"55.1\/IV\/19\/3\/55.1-1954","metadata":false},{"id":85997,"structure_id":13236,"section_number":"55.1-1955","catch_line":"Upkeep of condominiums; warranty against structural defects; statute of limitations for warranty; warranty review committee","url":"\/55.1-1955\/","token":"55.1\/IV\/19\/3\/55.1-1955","metadata":false},{"id":76691,"structure_id":13236,"section_number":"55.1-1956","catch_line":"Control of common elements","url":"\/55.1-1956\/","token":"55.1\/IV\/19\/3\/55.1-1956","metadata":false},{"id":86702,"structure_id":13236,"section_number":"55.1-1957","catch_line":"Common elements; notice of pesticide application","url":"\/55.1-1957\/","token":"55.1\/IV\/19\/3\/55.1-1957","metadata":false},{"id":66934,"structure_id":13236,"section_number":"55.1-1958","catch_line":"Tort and contract liability; judgment lien","url":"\/55.1-1958\/","token":"55.1\/IV\/19\/3\/55.1-1958","metadata":false},{"id":65547,"structure_id":13236,"section_number":"55.1-1959","catch_line":"Suspension of services for failure to pay assessments; corrective action; assessment of charges for violations; notice; hearing; adoption and enforcement of rules and regulations","url":"\/55.1-1959\/","token":"55.1\/IV\/19\/3\/55.1-1959","metadata":false},{"id":78546,"structure_id":13236,"section_number":"55.1-1960","catch_line":"Limitation of occupancy of a unit","url":"\/55.1-1960\/","token":"55.1\/IV\/19\/3\/55.1-1960","metadata":false},{"id":64065,"structure_id":13236,"section_number":"55.1-1960.1","catch_line":"Limitation of smoking in condominium","url":"\/55.1-1960.1\/","token":"55.1\/IV\/19\/3\/55.1-1960.1","metadata":false},{"id":62313,"structure_id":13236,"section_number":"55.1-1961","catch_line":"Use of for sale sign in connection with resale","url":"\/55.1-1961\/","token":"55.1\/IV\/19\/3\/55.1-1961","metadata":false},{"id":78887,"structure_id":13236,"section_number":"55.1-1962","catch_line":"Designation of authorized representative","url":"\/55.1-1962\/","token":"55.1\/IV\/19\/3\/55.1-1962","metadata":false},{"id":76748,"structure_id":13236,"section_number":"55.1-1962.1","catch_line":"Electric vehicle charging stations permitted","url":"\/55.1-1962.1\/","token":"55.1\/IV\/19\/3\/55.1-1962.1","metadata":false},{"id":71936,"structure_id":13236,"section_number":"55.1-1963","catch_line":"Insurance","url":"\/55.1-1963\/","token":"55.1\/IV\/19\/3\/55.1-1963","metadata":false},{"id":86524,"structure_id":13236,"section_number":"55.1-1964","catch_line":"Liability for common expenses; 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judicial procedure","url":"\/55.1-1942\/","token":"55.1\/IV\/19\/3\/55.1-1942","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1941\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 1 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. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 2007, chapter 675<\/a>; in 2019, chapter 712<\/a>; in 2020, chapter 817<\/a>.<\/p>","references":[{"id":64443,"section_number":"55.1-1936","catch_line":"Merger or consolidation of condominiums; procedure","order_by":null,"url":"\/55.1-1936\/"},{"id":77055,"section_number":"55.1-1942","catch_line":"Reformation of declaration; judicial procedure","order_by":null,"url":"\/55.1-1942\/"}],"refers_to":[{"id":86631,"section_number":"55.1-1934","catch_line":"Amendment of condominium instruments","order_by":null,"url":"\/55.1-1934\/"}],"permalink":{"id":246799,"object_type":"law","relational_id":86301,"identifier":"55.1-1941","token":"55.1\/IV\/19\/3\/55.1-1941","url":"\/55.1-1941\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1941\/","token":"55.1\/IV\/19\/3\/55.1-1941","dublin_core":{"Title":"Amendment to condominium instruments; consent of mortgagee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1941","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If any provision in the condominium<\/span> instruments requires the written consent of a mortgagee in order<\/span> to amend<\/span> the condominium<\/span> instruments, the unit owners<\/span>’ association shall be deemed to have received the written consent of a mortgagee if the unit owners<\/span>’ association sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address supplied by such mortgagee in a written request to the unit owners<\/span>’ association to receive notice of proposed amendments to the condominium<\/span> instruments 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 unit owners<\/span>’ association, unless the condominium<\/span> instruments expressly provide otherwise. If the mortgagee has not supplied an address to the unit owners<\/span>’ association, the unit owners<\/span>’ association shall be deemed to have received the written consent of a mortgagee if the unit owners<\/span>’ association sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address filed in the land<\/span> 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 unit owners<\/span>’ association, unless the condominium<\/span> instruments expressly provide otherwise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any amendment adopted without the required consent of a mortgagee shall be voidable only by an institutional lender<\/span> that was entitled to notice and an opportunity to consent. An action to void an amendment shall be subject to the one-year statute of limitations<\/span> set forth in subsection C of § 55.1-1934<\/a> beginning on the date of recordation of the amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/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 the unit as collateral<\/span> or the right of the mortgagee to foreclose on a unit as collateral<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Where the condominium<\/span> instruments are silent on the need for mortgagee consent, no mortgagee consent shall be required if the amendment to the condominium<\/span> instruments does not specifically affect mortgagee rights. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMENDMENT TO CONDOMINIUM INSTRUMENTS; CONSENT OF MORTGAGEE (\u00a7 55.1-1941)\n\nA. If any provision in the condominium instruments requires the written consent\nof a mortgagee in order to amend the condominium instruments, the unit\nowners’ association shall be deemed to have received the written consent\nof a mortgagee if the unit owners’ association sends the text of the\nproposed amendment by certified mail, return receipt requested, to the mortgagee\nat the address supplied by such mortgagee in a written request to the unit\nowners’ association to receive notice of proposed amendments to the\ncondominium instruments and receives no written objection to the adoption of the\namendment from the mortgagee within 60 days of the date that the notice of\namendment is sent by the unit owners’ association, unless the condominium\ninstruments expressly provide otherwise. If the mortgagee has not supplied an\naddress to the unit owners’ association, the unit owners’\nassociation shall be deemed to have received the written consent of a mortgagee\nif the unit owners’ association sends the text of the proposed amendment\nby certified mail, return receipt requested, to the mortgagee at the address\nfiled in the land records or with the local tax assessor’s office 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\nunit owners’ association, unless the condominium instruments expressly\nprovide otherwise.\n\nB. Any amendment adopted without the required consent of a mortgagee shall be\nvoidable only by an institutional lender that was entitled to notice and an\nopportunity to consent. An action to void an amendment shall be subject to the\none-year statute of limitations set forth in subsection C of § 55.1-1934\nbeginning on the date of recordation of the amendment.\n\nC. Subsection A shall not apply to amendments that alter the priority of the\nlien of the mortgagee or that materially impair or affect the unit as collateral\nor the right of the mortgagee to foreclose on a unit as collateral.\n\nD. Where the condominium instruments are silent on the need for mortgagee\nconsent, no mortgagee consent shall be required if the amendment to the\ncondominium instruments does not specifically affect mortgagee rights.\n\nHISTORY: 1993, c. 1, \u00a7 55-79.73:1; 1998, c. 32; 2007, c. 675; 2019, c. 712;\n2020, c. 817.","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}}