Friday, August 12, 2011
HOA counsel says ociation needs 100% vote to amend the Condo's Declaration in Virginia?
I'm not familiar with Virginia Law, so take this for whatever it's worth. Amending the Declaration is not something that can be accomplished with a "vote." The Declaration is a property doent, and to amend that doent you need consent from a certain percentage of the owners who are subject to that doent. That normally means, for example, that one owner of a jointly owned unit cannot "vote" consent for both. I know that that is a fine distinction, but the real problem is that any amendment must be recorded in the same real estate records in which the Declaration is recorded in order to be effective. So, my take on it is that even if the required number of owners "voted" to amend the Declaration in 1986, that amendment would not be effective unless it was recorded.
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