Legal Question in Real Estate Law in Virginia
Our property owners' association (incorporated in 1997) has 76 parcels, and has a Declaration of Protective Covenants on file. A question has arisen re: amendments to the Covenants. The Code of Virginia, Title 55, Chapter 26, paragraph 55-515.1, D states that "A declaration may be amended by a two-thirds vote of the owners." However, some members own multiple parcels. Are these members entitled to a vote for each parcel owned (i.e., a total of 76 votes available)? It is important that we get this question answered, and it would be helpful to know by what authority this can be decided, since the Code is vague on this subject. Although our Covenants don't specifically address amendment procedures, the Declarant did specify in the document that one vote per lot would be allowable for the purpose of establishing an Association. This would seem to set the precedent for future member voting. I thank you very much for your help on this.
2 Answers from Attorneys
76 parcels of land in the association could reasonably be interpreted as signifying 76 owners, meaning that each owner of each individual parcel or lot could be entitled to a vote to amend the covenants which would also appear to accord with (and not necessarily contradict)) the plain language of the statute, i.e., "two thirds vote of the owners" as well as what would seem to have been the sentiments of the original declarant, i.e., "one vote per lot" (in my opinion).
The referenced statute further states: "This subsection (D) may be applied to
an association subject tp a declaration recorded prior to July 1, 1999,
if the declaration is silent on how it may be amended or upon the amendment
of that declaration in accordance with its requirements", which in the situation
described could be interpreted as allowing for "one vote per lot" in the process to amend the covenants (in my further opinion).
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