Shepherd v. CondeAnnotate this Case
A declaration of protective covenants and restrictions (Declaration) for a Subdivision created a Committee, an unincorporated association, to have full authority to enforce the Declaration. In 2014, an amendment of the Declaration was recorded in the name of the lot owners and the Subdivision’s home owners association (Association) asserting that the Declaration could be amended by two-thirds of the lot owners. The amendment was signed by all the lot owners except Plaintiffs. Plaintiffs filed a complaint asserting that the Declaration could be amended only with the unanimous consent of all the lot owners. Thereafter, another amendment was signed by all the lot owners except Plaintiffs asserting that the Association was created by the Declaration. Plaintiffs amended their complaint to seek a declaratory judgment that both amendments were invalid. The circuit court ruled in favor of Plaintiffs. The Supreme Court reversed in part, holding that the circuit court (1) erred in ruling that the Declaration did not create a property owners’ association within the meaning of the Virginia Property Owners’ Association Act; (2) erred in ruling that the amendments may not be adopted by a two-thirds majority vote; and (3) did not err in finding that the Association was not a property owners’ association within the meaning of the Act.