                                 CODE OF VIRGINIA

AMENDMENT TO DECLARATION AND BYLAWS; CONSENT OF MORTGAGEE (§ 55.1-1829)

A. In the event that any provision in the declaration requires the written
consent of a mortgagee in order to amend the bylaws or the declaration, the
association shall be deemed to have received the written consent of a mortgagee
if the association sends the text of the proposed amendment by certified mail,
return receipt requested, or by regular mail with proof of mailing to the
mortgagee at the address supplied by such mortgagee in a written request to the
association to receive notice of proposed amendments to the declaration 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
association, unless the declaration expressly provides otherwise. If the
mortgagee has not supplied an address to the association, the association shall
be deemed to have received the written consent of a mortgagee if the 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&#8217;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 association, unless the declaration expressly
provides otherwise.

B. Subsection A shall not apply to amendments that alter the priority of the
lien of the mortgagee or that materially impair or affect a lot as collateral or
the right of the mortgagee to foreclose on a lot as collateral.

C. Where the declaration is silent on the need for mortgagee consent, no
mortgagee consent shall be required if the amendment to the declaration does not
specifically affect mortgagee rights.

D. Except as otherwise provided in the declaration, a declaration may be amended
by a two-thirds vote of the lot owners.

E. An action to challenge the validity of an amendment adopted by the
association may not be brought more than one year after the amendment is
effective.

F. Agreement of the required majority of lot owners to any amendment of the
declaration adopted pursuant to subsection D shall be evidenced by their
execution of the amendment, or ratifications of such amendment, and the same
shall become effective when a copy of the amendment is recorded together with a
certification, signed by the principal officer of the association or by such
other officer or officers as the declaration may specify, that the requisite
majority of the lot owners signed the amendment or ratifications of such
amendment.

G. Subsections D and F shall not be construed to affect the validity of any
amendment recorded prior to July 1, 2017.

HISTORY: 1997, c. 887, § 55-515.1; 1998, c. 32; 1999, c. 805; 2003, cc. 59, 74;
2017, c. 374; 2019, c. 712.