The declaration and bylaws, and any amendments to either made pursuant to § 55.1-1934, shall be duly executed by or on behalf of all of the owners and lessees of the submitted
land. The phrase “owners and lessees” in this section and in § 55.1-1926 does not include, in their capacity as such, any mortgagee, any trustee or beneficiary
under a deed of trust, any other lien holder, any person having an equitable interest
under any contract for the sale or lease of a condominium unit, any lessee whose leasehold
interest does not extend to any portion of the common elements, any person whose land
is subject to an easement included in the condominium, or, in the case of a leasehold
condominium subject to any lease executed before July 1, 1962, any lessor of the submitted
land who is not a declarant.
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