Amending Covenants in Virginia

Question:

Can an HOA Board vote in Secret and then change Covenants without any homeowner involvement or discussion?

– Vince

 

Answer:

Hi Vince,

According to the Virginia Property Owners’ Association Act Section 55.1-1829(D), “Except as otherwise provided in the declaration, a declaration may be amended by a two-thirds vote of the lot owners.” As such, you should check your governing documents for guidance. If it is silent on this matter, then as per Virginia law, amendments should involve the lot owners and be approved by a two-thirds vote.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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