CODE OF VIRGINIA

VALIDITY OF DECLARATION; CORRECTIVE AMENDMENTS (§ 55-515.2)

A. All provisions of a declaration shall be deemed severable, and any unlawful
provision thereof shall be void.

B. No provision of a declaration shall be deemed void by reason of the rule
against perpetuities.

C. No restraint on alienation shall discriminate or be used to discriminate on
any basis prohibited under the Virginia Fair Housing Law (§ 36-96.1 et seq.).

D. Subject to the provisions of subsection C, the rule of property law known as
the rule restricting unreasonable restraints on alienation shall not be applied
to defeat any provision of a declaration restraining the alienation of 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 apply to
any easement included in or granted pursuant to a right reserved in a
declaration.

F. The declarant may unilaterally execute and record a corrective amendment or
supplement to the declaration to correct a mathematical mistake, an
inconsistency or a scrivener’s error, or clarify an ambiguity in the
declaration with respect to an objectively verifiable fact (including without
limitation recalculating the liability for assessments or the number of votes in
the association appertaining to a lot), within five years after the recordation
of the declaration containing or creating such mistake, inconsistency, error or
ambiguity. No such amendment or supplement may materially reduce what the
obligations of the declarant would have been if the mistake, inconsistency,
error or ambiguity had not occurred. Regardless of the date of recordation of
the declaration, the principal officer of the association may also unilaterally
execute and record such a corrective amendment or supplement upon a vote of
two-thirds of the members of the board of directors. All corrective amendments
and supplements recorded prior to July 1, 1997, are hereby validated to the
extent that such corrective amendments and supplements would have been permitted
by this subsection.

HISTORY: 1998, c. 32; 2001, c. 271.