Westgate v. Philip Richardson Co., Inc.

AGEE, Justice.

Westgate at Williamsburg Condominium Association, Inc. ("the Association") appeals from the judgment of the Circuit Court of the City of Williamsburg and James City County which held that the inclusion of a parcel of real estate within a property description submitted pursuant to a recorded Declaration of Condominium ("the Condominium Declaration") was a scrivener's error subject to unilateral amendment by the condominium declarant under Code § 55-79.71(F). For the reasons set forth below, we will reverse the judgment of the trial court.

I. BACKGROUND AND MATERIAL PROCEEDINGS…