{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1942.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1942.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1942.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1942.html"}],"law_id":77055,"edition_id":1,"section_id":77055,"structure_id":13236,"section_number":"55.1-1942","catch_line":"Reformation of declaration; judicial procedure","history":"2014, c. 659, \u00a7 55-79.73:2; 2019, c. 712.","full_text":"A\n\nA unit owners’ association may petition the circuit court in the county or city in which the condominium or the greater part of the condominium is located to reform the condominium instruments where the unit owners’ association, acting through its executive board, has attempted to amend the condominium instruments regarding ownership of legal title of the common elements or real property using provisions outlined in the condominium instruments to resolve (i) ambiguities or inconsistencies in the condominium instruments that are the source of legal and other disputes pertaining to the legal rights and responsibilities of the unit owners’ association or individual unit owners or (ii) scrivener’s errors, including incorrectly identifying the unit owners’ association, incorrectly identifying an entity other than the unit owners’ 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 elements or real property to:1\n\nReform, in whole or in part, any provision of the condominium instruments; and2\n\nCorrect mistakes or any other error in the condominium instruments that may exist with respect to the declaration for any other purpose.C\n\nA petition filed by the unit owners’ association with the court setting forth any inconsistency or error made in the condominium instruments, or the necessity for any change in such instruments, shall be deemed sufficient basis for the reformation, in whole or in part, of the condominium instruments, provided that:1\n\nThe unit owners’ association has made three good faith attempts to convene a duly called meeting of the unit owners’ association to present for consideration amendments to the condominium instruments 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 unit owners’ 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 condominium still owns a unit or continues to have any special declarant rights in the condominium, the declarant joins in the petition of the unit owners’ association;4\n\nA copy of the petition is sent to all unit owners at least 30 days before the petition is filed as evidenced by an affidavit verified by oath of the principal officer of the unit owners’ 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 unit owners’ association.D\n\nAny mortgagee of a condominium unit in the condominium 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 condominium unit as collateral for a mortgage, or affect a mortgagee’s right to foreclose on a condominium unit as collateral without the prior written consent of the mortgagee. Consent of a mortgagee required by this section may be deemed received pursuant to § 55.1-1941.","order_by":null,"text":{"0":{"id":276463,"text":"A unit owners’ association may petition the circuit court in the county or city in which the condominium or the greater part of the condominium is located to reform the condominium instruments where the unit owners’ association, acting through its executive board, has attempted to amend the condominium instruments regarding ownership of legal title of the common elements or real property using provisions outlined in the condominium instruments to resolve (i) ambiguities or inconsistencies in the condominium instruments that are the source of legal and other disputes pertaining to the legal rights and responsibilities of the unit owners’ association or individual unit owners or (ii) scrivener’s errors, including incorrectly identifying the unit owners’ association, incorrectly identifying an entity other than the unit owners’ 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":276464,"text":"The court shall have jurisdiction over matters set forth in subsection A regarding ownership of legal title of the common elements 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":276465,"text":"Reform, in whole or in part, any provision of the condominium instruments; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":276466,"text":"Correct mistakes or any other error in the condominium instruments 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":276467,"text":"A petition filed by the unit owners’ association with the court setting forth any inconsistency or error made in the condominium instruments, or the necessity for any change in such instruments, shall be deemed sufficient basis for the reformation, in whole or in part, of the condominium instruments, provided that:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"5":{"id":276468,"text":"The unit owners’ association has made three good faith attempts to convene a duly called meeting of the unit owners’ association to present for consideration amendments to the condominium instruments 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 unit owners’ association;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":276469,"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":276470,"text":"Where the declarant of the condominium still owns a unit or continues to have any special declarant rights in the condominium, the declarant joins in the petition of the unit owners’ association;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"8":{"id":276471,"text":"A copy of the petition is sent to all unit owners at least 30 days before the petition is filed as evidenced by an affidavit verified by oath of the principal officer of the unit owners’ 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":276472,"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 unit owners’ association.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"10":{"id":276473,"text":"Any mortgagee of a condominium unit in the condominium 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 condominium unit as collateral for a mortgage, or affect a mortgagee’s right to foreclose on a condominium unit as collateral without the prior written consent of the mortgagee. Consent of a mortgagee required by this section may be deemed received pursuant to § 55.1-1941.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5"}},"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; contents; unit owners' association; executive board; amendment of bylaws","url":"\/55.1-1940\/","token":"55.1\/IV\/19\/3\/55.1-1940","metadata":false},{"id":56162,"structure_id":13236,"section_number":"55.1-1940.1","catch_line":"Termination and duration of certain management contracts","url":"\/55.1-1940.1\/","token":"55.1\/IV\/19\/3\/55.1-1940.1","metadata":false},{"id":86301,"structure_id":13236,"section_number":"55.1-1941","catch_line":"Amendment to condominium instruments; consent of mortgagee","url":"\/55.1-1941\/","token":"55.1\/IV\/19\/3\/55.1-1941","metadata":false},{"id":77055,"structure_id":13236,"section_number":"55.1-1942","catch_line":"Reformation of declaration; judicial procedure","url":"\/55.1-1942\/","token":"55.1\/IV\/19\/3\/55.1-1942","metadata":false},{"id":84290,"structure_id":13236,"section_number":"55.1-1943","catch_line":"Control of condominium by declarant","url":"\/55.1-1943\/","token":"55.1\/IV\/19\/3\/55.1-1943","metadata":false},{"id":68952,"structure_id":13236,"section_number":"55.1-1944","catch_line":"Deposit of funds","url":"\/55.1-1944\/","token":"55.1\/IV\/19\/3\/55.1-1944","metadata":false},{"id":86875,"structure_id":13236,"section_number":"55.1-1945","catch_line":"Books, minutes, and records; inspection","url":"\/55.1-1945\/","token":"55.1\/IV\/19\/3\/55.1-1945","metadata":false},{"id":86155,"structure_id":13236,"section_number":"55.1-1946","catch_line":"Management office","url":"\/55.1-1946\/","token":"55.1\/IV\/19\/3\/55.1-1946","metadata":false},{"id":64177,"structure_id":13236,"section_number":"55.1-1947","catch_line":"Transfer of special declarant rights","url":"\/55.1-1947\/","token":"55.1\/IV\/19\/3\/55.1-1947","metadata":false},{"id":54240,"structure_id":13236,"section_number":"55.1-1948","catch_line":"Declarants not succeeding to special declarant rights","url":"\/55.1-1948\/","token":"55.1\/IV\/19\/3\/55.1-1948","metadata":false},{"id":76863,"structure_id":13236,"section_number":"55.1-1949","catch_line":"Meetings of unit owners' association and executive board","url":"\/55.1-1949\/","token":"55.1\/IV\/19\/3\/55.1-1949","metadata":false},{"id":64649,"structure_id":13236,"section_number":"55.1-1950","catch_line":"Distribution of information by members","url":"\/55.1-1950\/","token":"55.1\/IV\/19\/3\/55.1-1950","metadata":false},{"id":63730,"structure_id":13236,"section_number":"55.1-1951","catch_line":"Display of the flag of the United States; 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; late fees; additional assessment; authority to borrow","url":"\/55.1-1964\/","token":"55.1\/IV\/19\/3\/55.1-1964","metadata":false},{"id":55038,"structure_id":13236,"section_number":"55.1-1965","catch_line":"Annual budget; reserve study; reserves for capital components","url":"\/55.1-1965\/","token":"55.1\/IV\/19\/3\/55.1-1965","metadata":false},{"id":86561,"structure_id":13236,"section_number":"55.1-1966","catch_line":"Lien for assessments; foreclosure","url":"\/55.1-1966\/","token":"55.1\/IV\/19\/3\/55.1-1966","metadata":false},{"id":82616,"structure_id":13236,"section_number":"55.1-1967","catch_line":"Notice of sale under deed of trust","url":"\/55.1-1967\/","token":"55.1\/IV\/19\/3\/55.1-1967","metadata":false},{"id":56723,"structure_id":13236,"section_number":"55.1-1968","catch_line":"Bond to be posted by declarant","url":"\/55.1-1968\/","token":"55.1\/IV\/19\/3\/55.1-1968","metadata":false},{"id":60552,"structure_id":13236,"section_number":"55.1-1969","catch_line":"Restraints on alienation","url":"\/55.1-1969\/","token":"55.1\/IV\/19\/3\/55.1-1969","metadata":false}],"previous_section":{"id":86301,"structure_id":13236,"section_number":"55.1-1941","catch_line":"Amendment to condominium instruments; consent of mortgagee","url":"\/55.1-1941\/","token":"55.1\/IV\/19\/3\/55.1-1941","metadata":false},"next_section":{"id":84290,"structure_id":13236,"section_number":"55.1-1943","catch_line":"Control of condominium by declarant","url":"\/55.1-1943\/","token":"55.1\/IV\/19\/3\/55.1-1943","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1942\/","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":86301,"section_number":"55.1-1941","catch_line":"Amendment to condominium instruments; consent of mortgagee","order_by":null,"url":"\/55.1-1941\/"}],"permalink":{"id":246803,"object_type":"law","relational_id":77055,"identifier":"55.1-1942","token":"55.1\/IV\/19\/3\/55.1-1942","url":"\/55.1-1942\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1942\/","token":"55.1\/IV\/19\/3\/55.1-1942","dublin_core":{"Title":"Reformation of declaration; judicial procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1942","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A unit owners<\/span>’ association may petition<\/span> the circuit<\/span> court<\/span> in the county or city in which the condominium<\/span> or the greater part of the condominium<\/span> is located to reform the condominium<\/span> instruments where the unit owners<\/span>’ association, acting through its executive board<\/span>, has attempted to amend<\/span> the condominium<\/span> instruments regarding ownership of legal title of the common elements<\/span> or real property using provisions outlined in the condominium<\/span> instruments to resolve (i) ambiguities or inconsistencies in the condominium<\/span> instruments that are the source of legal and other disputes pertaining to the legal rights and responsibilities of the unit owners<\/span>’ association or individual unit owners<\/span> or (ii) scrivener’s errors, including incorrectly identifying the unit owners<\/span>’ association, incorrectly identifying an entity other than the unit owners<\/span>’ association, 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 elements<\/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 the condominium<\/span> instruments; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

C.<\/span> A petition<\/span> filed by the unit owners<\/span>’ association with the court<\/span> setting forth any inconsistency or error made in the condominium<\/span> instruments, or the necessity for any change in such instruments, shall be deemed sufficient basis for the reformation, in whole or in part, of the condominium<\/span> instruments, provided that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The unit owners<\/span>’ association has made three good faith attempts to convene a duly called meeting of the unit owners<\/span>’ association to present for consideration amendments to the condominium<\/span> instruments 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<\/span> of the unit owners<\/span>’ association; <\/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 of the condominium<\/span> still owns a unit or continues to have any special declarant rights<\/span> in the condominium<\/span>, the declarant joins in the petition<\/span> of the unit owners<\/span>’ association; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A copy of the petition<\/span> is sent to all unit owners<\/span> at least 30 days before the petition<\/span> is filed as evidenced by an affidavit<\/span> verified by oath<\/span> of the principal officer<\/span> of the unit owners<\/span>’ association; 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<\/span> of the unit owners<\/span>’ association. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any mortgagee of a condominium unit<\/span> in the condominium 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 condominium unit<\/span> as collateral<\/span> for a mortgage, or affect a mortgagee’s right to foreclose on a condominium unit<\/span> 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 § 55.1-1941<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREFORMATION OF DECLARATION; JUDICIAL PROCEDURE (\u00a7 55.1-1942)\n\nA. A unit owners’ association may petition the circuit court in the county\nor city in which the condominium or the greater part of the condominium is\nlocated to reform the condominium instruments where the unit owners’\nassociation, acting through its executive board, has attempted to amend the\ncondominium instruments regarding ownership of legal title of the common\nelements or real property using provisions outlined in the condominium\ninstruments to resolve (i) ambiguities or inconsistencies in the condominium\ninstruments that are the source of legal and other disputes pertaining to the\nlegal rights and responsibilities of the unit owners’ association or\nindividual unit owners or (ii) scrivener’s errors, including incorrectly\nidentifying the unit owners’ association, incorrectly identifying an\nentity other than the unit owners’ association, or errors arising from\noversight 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 elements or real property to:\n\n 1. Reform, in whole or in part, any provision of the condominium instruments;\n and\n\n 2. Correct mistakes or any other error in the condominium instruments that may\n exist with respect to the declaration for any other purpose.\n\nC. A petition filed by the unit owners’ association with the court setting\nforth any inconsistency or error made in the condominium instruments, or the\nnecessity for any change in such instruments, shall be deemed sufficient basis\nfor the reformation, in whole or in part, of the condominium instruments,\nprovided that:\n\n 1. The unit owners’ association has made three good faith attempts to\n convene a duly called meeting of the unit owners’ association to present\n for consideration amendments to the condominium instruments for the reasons\n specified in subsection A, which attempts have proven unsuccessful as\n evidenced by an affidavit verified by oath of the principal officer of the\n unit owners’ 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 condominium still owns a unit or continues to\n have any special declarant rights in the condominium, the declarant joins in\n the petition of the unit owners’ association;\n\n 4. A copy of the petition is sent to all unit owners 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 unit owners’ 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 unit owners’ association.\n\nD. Any mortgagee of a condominium unit in the condominium shall have standing to\nparticipate in the reformation proceedings before the court. No reformation\npursuant to this section shall affect mortgagee rights, alter the priority of\nthe lien of any mortgage, materially impair or affect any condominium unit as\ncollateral for a mortgage, or affect a mortgagee’s right to foreclose on a\ncondominium unit as collateral without the prior written consent of the\nmortgagee. Consent of a mortgagee required by this section may be deemed\nreceived pursuant to § 55.1-1941.\n\nHISTORY: 2014, c. 659, \u00a7 55-79.73:2; 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}}