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ZINONE v. LEE'S CROSSING HOMEOWNERS ASS'N

Record No. 101085.

714 S.E.2d 922 (2011)

282 Va. 330

Linzie ZINONE v. LEE'S CROSSING HOMEOWNERS ASSOCIATION, et al.

Supreme Court of Virginia.

September 16, 2011.

Attorney(s) appearing for the Case

Vernon W. Johnson, III ( Joseph T. Prendergast ; Nixon Peabody ; Prendergast & Prendergast, on briefs), for appellant.

Michael S. Dingman , Falls Church; William P. Daly, Jr. ( Robert M. Diamond ; Richard D. Kelley ; Reed Smith , Falls Church; Rees Broome , on briefs) for appellees

Amicus Curiae: Home Builders Association of Virginia ( Andrew J. Terrell ; Whiteford Taylor Preston , on brief), in support of appellees.

Present: KINSER, C.J, LEMONS, GOODWYN, and MILLETTE, JJ., and KOONTZ, S.J.

Opinion by Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether certain provisions of the Virginia Property Owners' Association Act ("POAA"), Code §§ 55-508 through -516.2, restrict the declarant of a recorded declaration creating a property owners' association from unilaterally amending that declaration under its express term providing for such authority. The issue, which presents a purely legal question of statutory construction, was decided...

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