§ 55-515.2. Validity of declaration; corrective amendments.
A. All provisions of a declaration shall be deemed severable, and anyunlawful provision thereof shall be void.
B. No provision of a declaration shall be deemed void by reason of the ruleagainst perpetuities.
C. No restraint on alienation shall discriminate or be used to discriminateon any basis prohibited under the Virginia Fair Housing Law (§ 36-96.1 etseq.).
D. Subject to the provisions of subsection C, the rule of property law knownas the rule restricting unreasonable restraints on alienation shall not beapplied to defeat any provision of a declaration restraining the alienationof lots other than such lots as may be restricted to residential use only.
E. The rule of property law known as the doctrine of merger shall not applyto any easement included in or granted pursuant to a right reserved in adeclaration.
F. The declarant may unilaterally execute and record a corrective amendmentor supplement to the declaration to correct a mathematical mistake, aninconsistency or a scrivener's error, or clarify an ambiguity in thedeclaration with respect to an objectively verifiable fact (including withoutlimitation recalculating the liability for assessments or the number of votesin the association appertaining to a lot), within five years after therecordation of the declaration containing or creating such mistake,inconsistency, error or ambiguity. No such amendment or supplement maymaterially reduce what the obligations of the declarant would have been ifthe mistake, inconsistency, error or ambiguity had not occurred. Regardlessof the date of recordation of the declaration, the principal officer of theassociation may also unilaterally execute and record such a correctiveamendment or supplement upon a vote of two-thirds of the members of the boardof directors. All corrective amendments and supplements recorded prior toJuly 1, 1997, are hereby validated to the extent that such correctiveamendments and supplements would have been permitted by this subsection.
§ 55-515.2. Validity of declaration; corrective amendments.
A. All provisions of a declaration shall be deemed severable, and anyunlawful provision thereof shall be void.
B. No provision of a declaration shall be deemed void by reason of the ruleagainst perpetuities.
C. No restraint on alienation shall discriminate or be used to discriminateon any basis prohibited under the Virginia Fair Housing Law (§ 36-96.1 etseq.).
D. Subject to the provisions of subsection C, the rule of property law knownas the rule restricting unreasonable restraints on alienation shall not beapplied to defeat any provision of a declaration restraining the alienationof lots other than such lots as may be restricted to residential use only.
E. The rule of property law known as the doctrine of merger shall not applyto any easement included in or granted pursuant to a right reserved in adeclaration.
F. The declarant may unilaterally execute and record a corrective amendmentor supplement to the declaration to correct a mathematical mistake, aninconsistency or a scrivener's error, or clarify an ambiguity in thedeclaration with respect to an objectively verifiable fact (including withoutlimitation recalculating the liability for assessments or the number of votesin the association appertaining to a lot), within five years after therecordation of the declaration containing or creating such mistake,inconsistency, error or ambiguity. No such amendment or supplement maymaterially reduce what the obligations of the declarant would have been ifthe mistake, inconsistency, error or ambiguity had not occurred. Regardlessof the date of recordation of the declaration, the principal officer of theassociation may also unilaterally execute and record such a correctiveamendment or supplement upon a vote of two-thirds of the members of the boardof directors. All corrective amendments and supplements recorded prior toJuly 1, 1997, are hereby validated to the extent that such correctiveamendments and supplements would have been permitted by this subsection.
§ 55-515.2. Validity of declaration; corrective amendments.
A. All provisions of a declaration shall be deemed severable, and anyunlawful provision thereof shall be void.
B. No provision of a declaration shall be deemed void by reason of the ruleagainst perpetuities.
C. No restraint on alienation shall discriminate or be used to discriminateon any basis prohibited under the Virginia Fair Housing Law (§ 36-96.1 etseq.).
D. Subject to the provisions of subsection C, the rule of property law knownas the rule restricting unreasonable restraints on alienation shall not beapplied to defeat any provision of a declaration restraining the alienationof lots other than such lots as may be restricted to residential use only.
E. The rule of property law known as the doctrine of merger shall not applyto any easement included in or granted pursuant to a right reserved in adeclaration.
F. The declarant may unilaterally execute and record a corrective amendmentor supplement to the declaration to correct a mathematical mistake, aninconsistency or a scrivener's error, or clarify an ambiguity in thedeclaration with respect to an objectively verifiable fact (including withoutlimitation recalculating the liability for assessments or the number of votesin the association appertaining to a lot), within five years after therecordation of the declaration containing or creating such mistake,inconsistency, error or ambiguity. No such amendment or supplement maymaterially reduce what the obligations of the declarant would have been ifthe mistake, inconsistency, error or ambiguity had not occurred. Regardlessof the date of recordation of the declaration, the principal officer of theassociation may also unilaterally execute and record such a correctiveamendment or supplement upon a vote of two-thirds of the members of the boardof directors. All corrective amendments and supplements recorded prior toJuly 1, 1997, are hereby validated to the extent that such correctiveamendments and supplements would have been permitted by this subsection.
