source:
  type: guide
  id: va-m26-7-ch16-t06
  authority: VA Lenders Handbook (VA Pamphlet 26-7), Chapter 16, Topic 6 — Contains
    provisions for amendment (continued)
  description: VA Lenders Handbook (VA Pamphlet 26-7), Chapter 16, Topic 6 — Contains
    provisions for amendment (continued).
  coverage_tier: operative
obligations:
- id: va-m26-7-ch16-t06-full
  canonical_id: va-m26-7-ch16-t06-full
  section: VA Lenders Handbook (VA Pamphlet 26-7), Chapter 16, Topic 6 — Contains
    provisions for amendment (continued)
  type: do
  tags:
  - regulator-direct
  - va
  - va-handbook
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: VA Lenders Handbook (VA Pamphlet 26-7), Chapter 16, Topic 6 — Contains
      provisions for amendment (continued)
    source_class: va-handbook
    source_url: https://www.benefits.va.gov/warms/pam26_7.asp
    snapshot_id: fa6bc474102677f3
    fetched_at: '2026-05-23T01:53:53Z'
    content_hash: sha256:94d5d69fd84d66a208d2f9f76ceac8b3879dde5fbf0e75e36e00ce879ee16f21
    paragraph_quote: '6. Contains provisions for amendment (continued) c. Contains
      the following provisions for meetings of the membership to approve a material
      amendment or extraordinary action: (i) at least 25 days advance notice to all
      members is required (at least 7 days notice is required in the case of a meeting
      for other purposes); (ii) the notice states the purpose of the meeting and contains
      a summary of any material amendments or extraordinary actions proposed; (iii)
      the notice contains a copy of the proxy that can be cast in lieu of attendance
      at the meeting; and (iv) if the association has, or is planned to have, 250
      members or less - the quorum is at least 20 percent of the total number of votes;
      (v) if the association has, or is planned to have, more than 250 members but
      less than 1,000 members - the quorum is at least 10 percent; and (vi) if the
      association has, or is planned to have, more than 1,000 members,- the quorum
      is at least five percent. d. Provides that any material amendment which changes
      the rights of any specific class of members must also be approved by members
      entitled to cast at least 51 percent of the votes of all members of such class
      present, in person or by proxy, and voting at any meeting of the association
      held in accordance with subparagraph c. above, or at least 51 percent of the
      total authorized votes of all members of such class. e. Provides that the following
      material amendments and extraordinary actions must be approved by members entitled
      to cast at least 67 percent of the total authorized votes of all members of
      the association, including at least a majority of the total authorized votes
      entitled to be cast by members other than the declarant: (1) Termination of
      the declaration or other termination of the planned unit development; (2) Dissolution
      of the association except pursuant to a consolidation or merger; and (3) Conveyance
      of all common areas. f. Provides that during the declarant control period all
      material amendments and extraordinary actions must have the approval of VA,
      if VA has guaranteed any loans secured by units in the project. Continued on
      next page January 1, 2001 16-B-15 16-B-16 January 1, 2001 VA Pamphlet 26-7,
      Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements,
      Continued (A) Declaration (continued) 6. Contains provisions for amendment,
      (continued) g. Provides that all other amendments (other than material amendments
      or extraordinary actions) must be approved by at least a majority of the votes
      entitled to be cast by all members present, in person or by proxy, and voting
      at any meeting of the association at which a quorum is present (see subparagraph
      (4)(b)2 below (Bylaws)), or in writing by members entitled to cast at least
      a majority of the total authorized votes of all members of the association.
      7. Grants each owner a non-exclusive easement of use and enjoyment in the common
      areas which is appurtenant to and passes with title to each unit. Each owner
      also has a non-exclusive easement for egress and ingress over the common areas,
      to the extent necessary to provide access to the unit and for utilities serving
      that unit. The right of access for necessary ingress and egress to the unit
      and utility services cannot be suspended by the board of directors for violations
      of the covenants or nonpayment of assessments. The owner''s easement rights
      may be subject to certain limitations (other limitations must be separately
      described by the attorney) as follows: a. Right of the association, acting through
      the board of directors, to mortgage the common areas subject to such member,
      mortgagee and agency approvals as may be provided in the declaration. (A lender''s
      rights, in the event of default upon any mortgage or deed of trust on the common
      areas, are limited to, after taking possession of such common areas, charging
      reasonable admission and other fees as a condition of continued enjoyment by
      members, and, if necessary, to a wider range of users. Upon satisfaction of
      the mortgage or deed of trust, such common areas are returned to the association
      with full restoration of members'' rights); b. Right of the association, acting
      through the board of directors to convey or transfer all or any part of the
      common areas, subject to such member, mortgagee and agency approvals as may
      be provided in the declaration; c. Right of the association, acting through
      the board of directors, without member, mortgagee and agency approvals unless
      provided otherwise in the declaration, to grant easements across the common
      areas for any purpose not inconsistent with the use of those areas by members;
      Continued on next page January 1, 2001 16-B-16 January 1, 2001 16-B-17 VA Pamphlet
      26-7, Revised Section B: Use of Attorney’s Opinion Exhibit A: Other VA Requirements,
      Continued (A) Declaration (continued)'
  judgment: false
