{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2127.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2127.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2127.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2127.html"}],"law_id":62864,"edition_id":1,"section_id":62864,"structure_id":13510,"section_number":"55.1-2127","catch_line":"Amendment of declaration","history":"1982, c. 277, \u00a7 55-453; 2008, c. 628; 2009, c. 221; 2019, c. 712.","full_text":"A\n\nExcept in cases of amendments that may be executed by a declarant under § 55.1-2120, the association under § 55.1-2105, subsection C of § 55.1-2117, subsection C of § 55.1-2119, subsection A of § 55.1-2122, or § 55.1-2123, or certain proprietary lessees under subsection B of § 55.1-2119, subsection A of § 55.1-2122, subsection B of § 55.1-2123, or subsection B of § 55.1-2128 and except as limited by subsection D, the declaration may be amended only by vote or agreement of proprietary lessees of cooperative interests to which at least two-thirds of the votes in the association are allocated, or a larger percentage if the declaration so specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.B\n\nNo action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.C\n\nEvery amendment to the declaration must be recorded in every county or city in which any portion of the cooperative is located and is effective only upon recordation. An amendment shall be indexed in the grantee’s index in the name of the cooperative and the association and in the grantor’s index in the name of the parties executing the amendment.D\n\nThe declaration may be amended to extend the time limit within which special declarant rights imposed by the declaration pursuant to subdivision A 8 of § 55.1-2116 may be exercised only by vote or agreement of proprietary lessees of cooperative interests to which at least two-thirds of the votes in the association are allocated to cooperative interests not owned by a declarant, or any larger percentage the declaration specifies. Except to the extent expressly permitted or required by this subsection or other provisions of this chapter, no amendment may create or increase special declarant rights, increase the number of units, or change the boundaries of any unit, the allocated interests of a cooperative interest, or the uses to which any unit is restricted, in the absence of unanimous consent of the proprietary lessees.E\n\nIf the time limit specified in the declaration for the creation of cooperative interests or the exercise of special declarant rights has expired, with the approval of the persons entitled to cast at least two-thirds of the votes in the association, other than any votes allocated to cooperative interests owned by the declarant, or any larger percentage as the declaration specifies, the declaration may be amended to (i) revive and reinstate any or all of the expired rights to create additional cooperative interests and any or all of the expired special declarant rights and (ii) vest in any person, including the original declarant, any or all of the powers, rights, privileges, and authority to which a declarant is entitled under this chapter regarding the exercise of the revived and reinstated rights with respect to any parcel of real estate that is a common element or any additional real estate that such amendment permits to be added to the cooperative. In no event, however, shall any such amendment extend or renew a period of declarant control of the association or provide a new period of declarant control.F\n\nAmendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of such designation, by the president of the association.","order_by":null,"text":{"0":{"id":229143,"text":"Except in cases of amendments that may be executed by a declarant under § 55.1-2120, the association under § 55.1-2105, subsection C of § 55.1-2117, subsection C of § 55.1-2119, subsection A of § 55.1-2122, or § 55.1-2123, or certain proprietary lessees under subsection B of § 55.1-2119, subsection A of § 55.1-2122, subsection B of § 55.1-2123, or subsection B of § 55.1-2128 and except as limited by subsection D, the declaration may be amended only by vote or agreement of proprietary lessees of cooperative interests to which at least two-thirds of the votes in the association are allocated, or a larger percentage if the declaration so specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229144,"text":"No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229145,"text":"Every amendment to the declaration must be recorded in every county or city in which any portion of the cooperative is located and is effective only upon recordation. An amendment shall be indexed in the grantee’s index in the name of the cooperative and the association and in the grantor’s index in the name of the parties executing the amendment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":229146,"text":"The declaration may be amended to extend the time limit within which special declarant rights imposed by the declaration pursuant to subdivision A 8 of § 55.1-2116 may be exercised only by vote or agreement of proprietary lessees of cooperative interests to which at least two-thirds of the votes in the association are allocated to cooperative interests not owned by a declarant, or any larger percentage the declaration specifies. Except to the extent expressly permitted or required by this subsection or other provisions of this chapter, no amendment may create or increase special declarant rights, increase the number of units, or change the boundaries of any unit, the allocated interests of a cooperative interest, or the uses to which any unit is restricted, in the absence of unanimous consent of the proprietary lessees.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":229147,"text":"If the time limit specified in the declaration for the creation of cooperative interests or the exercise of special declarant rights has expired, with the approval of the persons entitled to cast at least two-thirds of the votes in the association, other than any votes allocated to cooperative interests owned by the declarant, or any larger percentage as the declaration specifies, the declaration may be amended to (i) revive and reinstate any or all of the expired rights to create additional cooperative interests and any or all of the expired special declarant rights and (ii) vest in any person, including the original declarant, any or all of the powers, rights, privileges, and authority to which a declarant is entitled under this chapter regarding the exercise of the revived and reinstated rights with respect to any parcel of real estate that is a common element or any additional real estate that such amendment permits to be added to the cooperative. In no event, however, shall any such amendment extend or renew a period of declarant control of the association or provide a new period of declarant control.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":229148,"text":"Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of such designation, by the president of the association.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13510,"edition_id":1,"name":"Creation, Alteration, and Termination of Cooperatives","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13509,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":247161,"object_type":"structure","relational_id":13510,"identifier":"2","token":"55.1\/IV\/21\/2","url":"\/55.1\/IV\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13509,"edition_id":1,"name":"Virginia Real Estate Cooperative Act","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":247109,"object_type":"structure","relational_id":13509,"identifier":"21","token":"55.1\/IV\/21","url":"\/55.1\/IV\/21\/","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":75913,"structure_id":13510,"section_number":"55.1-2112","catch_line":"Creation of cooperative ownership","url":"\/55.1-2112\/","token":"55.1\/IV\/21\/2\/55.1-2112","metadata":false},{"id":82447,"structure_id":13510,"section_number":"55.1-2113","catch_line":"Unit boundaries","url":"\/55.1-2113\/","token":"55.1\/IV\/21\/2\/55.1-2113","metadata":false},{"id":86939,"structure_id":13510,"section_number":"55.1-2114","catch_line":"Construction and validity of declaration and bylaws","url":"\/55.1-2114\/","token":"55.1\/IV\/21\/2\/55.1-2114","metadata":false},{"id":71260,"structure_id":13510,"section_number":"55.1-2115","catch_line":"Description of units","url":"\/55.1-2115\/","token":"55.1\/IV\/21\/2\/55.1-2115","metadata":false},{"id":60682,"structure_id":13510,"section_number":"55.1-2116","catch_line":"Contents of declaration","url":"\/55.1-2116\/","token":"55.1\/IV\/21\/2\/55.1-2116","metadata":false},{"id":72102,"structure_id":13510,"section_number":"55.1-2117","catch_line":"Leasehold cooperatives","url":"\/55.1-2117\/","token":"55.1\/IV\/21\/2\/55.1-2117","metadata":false},{"id":66972,"structure_id":13510,"section_number":"55.1-2118","catch_line":"Allocation of ownership interests, votes, and common expense liabilities","url":"\/55.1-2118\/","token":"55.1\/IV\/21\/2\/55.1-2118","metadata":false},{"id":84579,"structure_id":13510,"section_number":"55.1-2119","catch_line":"Limited common elements","url":"\/55.1-2119\/","token":"55.1\/IV\/21\/2\/55.1-2119","metadata":false},{"id":65450,"structure_id":13510,"section_number":"55.1-2120","catch_line":"Exercise of development rights","url":"\/55.1-2120\/","token":"55.1\/IV\/21\/2\/55.1-2120","metadata":false},{"id":73544,"structure_id":13510,"section_number":"55.1-2121","catch_line":"Alterations of units","url":"\/55.1-2121\/","token":"55.1\/IV\/21\/2\/55.1-2121","metadata":false},{"id":61131,"structure_id":13510,"section_number":"55.1-2122","catch_line":"Relocation of boundaries between adjoining units","url":"\/55.1-2122\/","token":"55.1\/IV\/21\/2\/55.1-2122","metadata":false},{"id":72357,"structure_id":13510,"section_number":"55.1-2123","catch_line":"Subdivision of units","url":"\/55.1-2123\/","token":"55.1\/IV\/21\/2\/55.1-2123","metadata":false},{"id":54476,"structure_id":13510,"section_number":"55.1-2124","catch_line":"Easement for encroachments","url":"\/55.1-2124\/","token":"55.1\/IV\/21\/2\/55.1-2124","metadata":false},{"id":79793,"structure_id":13510,"section_number":"55.1-2125","catch_line":"Use for sales purposes","url":"\/55.1-2125\/","token":"55.1\/IV\/21\/2\/55.1-2125","metadata":false},{"id":65491,"structure_id":13510,"section_number":"55.1-2126","catch_line":"Easement rights","url":"\/55.1-2126\/","token":"55.1\/IV\/21\/2\/55.1-2126","metadata":false},{"id":62864,"structure_id":13510,"section_number":"55.1-2127","catch_line":"Amendment of declaration","url":"\/55.1-2127\/","token":"55.1\/IV\/21\/2\/55.1-2127","metadata":false},{"id":79915,"structure_id":13510,"section_number":"55.1-2128","catch_line":"Termination of cooperative ownership","url":"\/55.1-2128\/","token":"55.1\/IV\/21\/2\/55.1-2128","metadata":false},{"id":69933,"structure_id":13510,"section_number":"55.1-2129","catch_line":"Rights of secured lenders","url":"\/55.1-2129\/","token":"55.1\/IV\/21\/2\/55.1-2129","metadata":false},{"id":58552,"structure_id":13510,"section_number":"55.1-2130","catch_line":"Master associations","url":"\/55.1-2130\/","token":"55.1\/IV\/21\/2\/55.1-2130","metadata":false},{"id":71160,"structure_id":13510,"section_number":"55.1-2131","catch_line":"Merger or consolidation of cooperatives","url":"\/55.1-2131\/","token":"55.1\/IV\/21\/2\/55.1-2131","metadata":false}],"previous_section":{"id":65491,"structure_id":13510,"section_number":"55.1-2126","catch_line":"Easement rights","url":"\/55.1-2126\/","token":"55.1\/IV\/21\/2\/55.1-2126","metadata":false},"next_section":{"id":79915,"structure_id":13510,"section_number":"55.1-2128","catch_line":"Termination of cooperative ownership","url":"\/55.1-2128\/","token":"55.1\/IV\/21\/2\/55.1-2128","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2127\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 277 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 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 2008, chapter 628<\/a>; in 2009, chapter 221<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":65450,"section_number":"55.1-2120","catch_line":"Exercise of development rights","order_by":null,"url":"\/55.1-2120\/"}],"refers_to":[{"id":56764,"section_number":"55.1-2105","catch_line":"Eminent domain","order_by":null,"url":"\/55.1-2105\/"},{"id":60682,"section_number":"55.1-2116","catch_line":"Contents of declaration","order_by":null,"url":"\/55.1-2116\/"},{"id":72102,"section_number":"55.1-2117","catch_line":"Leasehold cooperatives","order_by":null,"url":"\/55.1-2117\/"},{"id":84579,"section_number":"55.1-2119","catch_line":"Limited common elements","order_by":null,"url":"\/55.1-2119\/"},{"id":65450,"section_number":"55.1-2120","catch_line":"Exercise of development rights","order_by":null,"url":"\/55.1-2120\/"},{"id":61131,"section_number":"55.1-2122","catch_line":"Relocation of boundaries between adjoining units","order_by":null,"url":"\/55.1-2122\/"},{"id":72357,"section_number":"55.1-2123","catch_line":"Subdivision of units","order_by":null,"url":"\/55.1-2123\/"},{"id":79915,"section_number":"55.1-2128","catch_line":"Termination of cooperative ownership","order_by":null,"url":"\/55.1-2128\/"}],"permalink":{"id":247223,"object_type":"law","relational_id":62864,"identifier":"55.1-2127","token":"55.1\/IV\/21\/2\/55.1-2127","url":"\/55.1-2127\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2127\/","token":"55.1\/IV\/21\/2\/55.1-2127","dublin_core":{"Title":"Amendment of declaration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2127","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except in cases of amendments that may be executed by a declarant<\/span> under § 55.1-2120<\/a>, the association<\/span> under § 55.1-2105<\/a>, subsection C of § 55.1-2117<\/a>, subsection C of § 55.1-2119<\/a>, subsection A of § 55.1-2122<\/a>, or § 55.1-2123<\/a>, or certain proprietary lessees<\/span> under subsection B of § 55.1-2119<\/a>, subsection A of § 55.1-2122<\/a>, subsection B of § 55.1-2123<\/a>, or subsection B of § 55.1-2128<\/a> and except as limited by subsection D, the declaration<\/span> may be amended only by vote or agreement of proprietary lessees<\/span> of cooperative interests<\/span> to which at least two-thirds of the votes in the association<\/span> are allocated, or a larger percentage if the declaration<\/span> so specifies. The declaration<\/span> may specify a smaller percentage only if all of the units<\/span> are restricted exclusively to nonresidential use. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No action to challenge the validity of an amendment adopted by the association<\/span> pursuant to this section may be brought more than one year after the amendment is recorded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Every amendment to the declaration<\/span> must be recorded in every county or city in which any portion of the cooperative is located and is effective only upon recordation. An amendment shall be indexed in the grantee’s index in the name of the cooperative and the association<\/span> and in the grantor’s index in the name of the parties executing the amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The declaration<\/span> may be amended to extend the time limit within which special declarant rights<\/span> imposed by the declaration<\/span> pursuant to subdivision A 8 of § 55.1-2116<\/a> may be exercised only by vote or agreement of proprietary lessees<\/span> of cooperative interests<\/span> to which at least two-thirds of the votes in the association<\/span> are allocated to cooperative interests<\/span> not owned by a declarant, or any larger percentage the declaration<\/span> specifies. Except to the extent expressly permitted or required by this subsection or other provisions of this chapter, no amendment may create or increase special declarant rights<\/span>, increase the number of units<\/span>, or change the boundaries of any unit<\/span>, the allocated interests<\/span> of a cooperative interest<\/span>, or the uses to which any unit<\/span> is restricted, in the absence of unanimous consent of the proprietary lessees<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the time limit specified in the declaration<\/span> for the creation of cooperative interests<\/span> or the exercise of special declarant rights<\/span> has expired, with the approval of the persons<\/span> entitled to cast at least two-thirds of the votes in the association<\/span>, other than any votes allocated to cooperative interests<\/span> owned by the declarant, or any larger percentage as the declaration<\/span> specifies, the declaration<\/span> may be amended to (i) revive and reinstate any or all of the expired rights to create additional cooperative interests<\/span> and any or all of the expired special declarant rights<\/span> and (ii) vest in any person<\/span>, including the original declarant, any or all of the powers, rights, privileges<\/span>, and authority to which a declarant is entitled under this chapter regarding the exercise of the revived and reinstated rights with respect to any parcel of real estate<\/span> that is a common element or any additional real estate<\/span> that such amendment permits to be added to the cooperative. In no event, however, shall any such amendment extend or renew a period of declarant control of the association<\/span> or provide a new period of declarant control. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Amendments to the declaration<\/span> required by this chapter to be recorded by the association<\/span> shall be prepared, executed, recorded, and certified on behalf of the association<\/span> by any officer of the association<\/span> designated for that purpose or, in the absence of such designation, by the president of the association<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMENDMENT OF DECLARATION (\u00a7 55.1-2127)\n\nA. Except in cases of amendments that may be executed by a declarant under\n§ 55.1-2120, the association under § 55.1-2105, subsection C of §\n55.1-2117, subsection C of § 55.1-2119, subsection A of § 55.1-2122,\nor § 55.1-2123, or certain proprietary lessees under subsection B of §\n55.1-2119, subsection A of § 55.1-2122, subsection B of § 55.1-2123,\nor subsection B of § 55.1-2128 and except as limited by subsection D, the\ndeclaration may be amended only by vote or agreement of proprietary lessees of\ncooperative interests to which at least two-thirds of the votes in the\nassociation are allocated, or a larger percentage if the declaration so\nspecifies. The declaration may specify a smaller percentage only if all of the\nunits are restricted exclusively to nonresidential use.\n\nB. No action to challenge the validity of an amendment adopted by the\nassociation pursuant to this section may be brought more than one year after the\namendment is recorded.\n\nC. Every amendment to the declaration must be recorded in every county or city\nin which any portion of the cooperative is located and is effective only upon\nrecordation. An amendment shall be indexed in the grantee’s index in the\nname of the cooperative and the association and in the grantor’s index in\nthe name of the parties executing the amendment.\n\nD. The declaration may be amended to extend the time limit within which special\ndeclarant rights imposed by the declaration pursuant to subdivision A 8 of\n§ 55.1-2116 may be exercised only by vote or agreement of proprietary\nlessees of cooperative interests to which at least two-thirds of the votes in\nthe association are allocated to cooperative interests not owned by a declarant,\nor any larger percentage the declaration specifies. Except to the extent\nexpressly permitted or required by this subsection or other provisions of this\nchapter, no amendment may create or increase special declarant rights, increase\nthe number of units, or change the boundaries of any unit, the allocated\ninterests of a cooperative interest, or the uses to which any unit is\nrestricted, in the absence of unanimous consent of the proprietary lessees.\n\nE. If the time limit specified in the declaration for the creation of\ncooperative interests or the exercise of special declarant rights has expired,\nwith the approval of the persons entitled to cast at least two-thirds of the\nvotes in the association, other than any votes allocated to cooperative\ninterests owned by the declarant, or any larger percentage as the declaration\nspecifies, the declaration may be amended to (i) revive and reinstate any or all\nof the expired rights to create additional cooperative interests and any or all\nof the expired special declarant rights and (ii) vest in any person, including\nthe original declarant, any or all of the powers, rights, privileges, and\nauthority to which a declarant is entitled under this chapter regarding the\nexercise of the revived and reinstated rights with respect to any parcel of real\nestate that is a common element or any additional real estate that such\namendment permits to be added to the cooperative. In no event, however, shall\nany such amendment extend or renew a period of declarant control of the\nassociation or provide a new period of declarant control.\n\nF. Amendments to the declaration required by this chapter to be recorded by the\nassociation shall be prepared, executed, recorded, and certified on behalf of\nthe association by any officer of the association designated for that purpose\nor, in the absence of such designation, by the president of the association.\n\nHISTORY: 1982, c. 277, \u00a7 55-453; 2008, c. 628; 2009, c. 221; 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}}