                                 CODE OF VIRGINIA

RELOCATION OF BOUNDARIES BETWEEN UNITS (§ 55.1-1932)

A. If the condominium instruments expressly permit the relocation of boundaries
between adjoining units, then the boundaries between such units may be relocated
in accordance with (i) the provisions of this section and (ii) any restrictions
and limitations not otherwise unlawful that the condominium instruments may
specify. The boundaries between adjoining units shall not be relocated unless
the condominium instruments expressly permit it.

B. If the unit owners of adjoining units whose mutual boundaries may be
relocated desire to relocate such boundaries, then the principal officer of the
unit owners&#8217; association, or such other officer as the condominium
instruments may specify, shall, upon written application of such unit owners,
forthwith prepare and execute appropriate instruments pursuant to subsections C,
D, and E.

C. An amendment to the declaration shall identify the units involved and shall
state that the boundaries between those units are being relocated by agreement
of the unit owners of such units, and the amendment shall contain conveyancing
between those unit owners. If the unit owners of the units involved have
specified in their written application a reasonable reallocation as between the
units involved of the aggregate undivided interest in the common elements
appertaining to those units, the amendment to the declaration shall reflect that
reallocation.

D. If the unit owners of the units involved have specified in their written
application a reasonable reallocation as between the units involved of the
aggregate number of votes in the unit owners&#8217; association allocated to
those units, an amendment to the bylaws shall reflect that reallocation and a
proportionate reallocation of liability for common expenses as between those
units.

E. Such plats and plans as may be necessary to show the altered boundaries
between the units involved together with their other boundaries shall be
prepared, and the units depicted on such plats and plans shall bear their
identifying numbers. Such plats and plans shall indicate the new dimensions of
the units involved, and any change in the horizontal boundaries of either as a
result of the relocation of their boundaries shall be identified with reference
to established datum. Such plats and plans shall be certified as to their
accuracy and compliance with the provisions of this subsection (i) by a licensed
land surveyor in the case of any plat and (ii) by a licensed architect, licensed
engineer, or licensed land surveyor in the case of any plan.

F. When appropriate instruments in accordance with this section have been
prepared, executed, and acknowledged, they shall be recorded by an officer of
the unit owners&#8217; association following payment by the unit owners of the
units involved of all reasonable costs for the preparation, acknowledgment, and
recordation of such instruments. Such instruments are effective when executed by
the unit owners of the units involved and recorded, and the recordation of such
instruments is conclusive evidence that the relocation of boundaries so
effectuated did not violate any restrictions or limitations specified by the
condominium instruments and that any reallocations made pursuant to subsections
C and D were reasonable.

G. Any relocation of boundaries between adjoining units shall be governed by
this section and not by &#xA7; 55.1-1933. Section 55.1-1933 shall apply only to
such subdivisions of units as are intended to result in the creation of two or
more new units in place of the subdivided unit.

HISTORY: 1974, c. 416, § 55-79.69; 1991, c. 497; 2019, c. 712.