                                 CODE OF VIRGINIA

PROCEDURE TO MODIFY CERTAIN COVENANTS IN SHENANDOAH COUNTY (§ 15.2-2257)

Upon a verified petition signed by the owners, other than the original
subdivider, of 10 percent of the lots in any subdivision previously recorded,
the circuit court for Shenandoah County, in which such subdivision lies, shall
have authority to conduct a hearing and modify any and all covenant provisions
of any previously recorded deed of dedication or other document relating to road
maintenance fees as to any roads located within the subdivision. Upon receipt of
the petition, the court shall, if all owners of lots within such subdivision are
not before the court, enter an order of publication under the provisions of
subdivision A 3 of § 8.01-316, making the owners of all lots not owned by
petitioners parties to the cause, which shall then be docketed and set for trial
on the chancery side of the court. Should the court, after hearing evidence and
argument of counsel, find that the streets and roads in the subdivision require
maintenance in excess of that provided for with the road maintenance funds
specified in the covenants to permit emergency vehicles ready access to the
residents of the subdivision to ensure the public health, safety, and welfare,
the court may increase the fees required for road maintenance to the extent
reasonably necessary to permit emergency vehicles ready access to the residents
of the subdivision. The funds collected shall be accounted for as provided in §
15.2-2256. Nothing herein shall be construed to prohibit the members of a
subdivision association from proceeding under the provisions of § 55.1-1825 or
subsection C of § 55.1-2305, as applicable.

HISTORY: 1987, c. 501, § 15.1-474.2; 1997, c. 587; 1998, c. 623; 2019, c. 632.