2006 Code of Virginia § 55-453 - Amendment of declaration

55-453. Amendment of declaration.

A. Except in cases of amendments that may be executed by a declarant under 55-446, the association under 55-430, subsection C of 55-443, subsectionC of 55-445, subsection A of 55-448, or 55-449, or certain proprietarylessees under subsection B of 55-445, subsection A of 55-448, subsectionB of 55-449, or subsection B of 55-454 and except as limited bysubsection D, the declaration may be amended only by vote or agreement ofproprietary lessees of cooperative interests to which at least two-thirds ofthe votes in the association are allocated, or any larger majority thedeclaration specifies. The declaration may specify a smaller number only ifall of the units are restricted exclusively to nonresidential use.

B. No action to challenge the validity of an amendment adopted by theassociation pursuant to this section may be brought more than one year afterthe amendment is recorded.

C. Every amendment to the declaration must be recorded in every city orcounty in which any portion of the cooperative is located and is effectiveonly upon recordation. An amendment shall be indexed in the grantee's indexin the name of the cooperative and the association and in the grantor's indexin the name of the parties executing the amendment.

D. Except to the extent expressly permitted or required by other provisionsof this chapter, no amendment may create or increase special declarantrights, increase the number of units, or change the boundaries of any unit,the allocated interests of a cooperative interest or the uses to which anyunit is restricted, in the absence of unanimous consent of the proprietarylessees.

E. Amendments to the declaration required by this chapter to be recorded bythe association shall be prepared, executed, recorded and certified on behalfof the association by any officer of the association designated for thatpurpose or, in the absence of designation, by the president of theassociation.

(1982, c. 277.)