Like many states, West Virginia has some statutes that apply specifically to homeowners associations and condominiums. Find out what these West Virginia HOA laws are below.
For Common Interest Communities
The West Virginia Uniform Common Interest Ownership Act controls the creation, authority, management, and operation of common interest communities formed after July 1, 1986. This includes planned communities, condominiums, and real estate cooperatives.
You can find the West Virginia Uniform Common Interest Ownership Act under Chapter 36B of the West Virginia Code. It consists of four articles, each one divided further into sections.
Article 1. General Provisions.
- Short Title.
- Applicability.
- Definitions.
- Variation by agreement.
- Separate titles and taxation.
- Applicability of local ordinances, regulations and building codes.
- Eminent domain.
- Supplemental general principles of law applicable.
- Construction against implicit repeal.
- Uniformity of application and construction.
- Unconscionable agreement or term of contract.
- Obligation of good faith.
- Remedies to be liberally administered.
- Adjustment of dollar amounts.
- Applicability to new common interest communities.
- Same — Exception for small cooperatives.
- Applicability to new common interest communities. — Exception for small and limited expense liability planned communities.
- Applicability to preexisting common interest communities.
- Same — Exception for small preexisting cooperatives and planned communities.
- Same — Amendments to governing instruments.
- Applicability to nonresidential planned communities.
Article 2. Creation, Alteration And Termination Of Common Interest Communities.
- Creation of common interest communities.
- Unit boundaries.
- Construction and validity of declaration and bylaws.
- Description of units.
- Contents of declaration.
- Leasehold common interest communities.
- Allocation of allocated interests.
- Limited common elements.
- Plats and plans.
- Exercise of development rights.
- Alterations of units.
- Relocation of boundaries between adjoining units.
- Subdivision of units.
- Monuments as boundaries.
- Use for sales purposes.
- Easement rights.
- Amendment of declaration.
- Termination of common interest community.
- Rights of secured lenders.
- Master associations.
- Merger or consolidation of common interest communities.
- Addition of unspecified real estate.
Article 3. Management Of The Common Interest Community.
- Organization of unit owners’ association.
- Powers of unit owners’ association.
- Executive board members and officers.
- Transfer of special declarant rights.
- Termination of contracts and leases of declarant.
- Bylaws.
- Upkeep of common interest community.
- Meetings.
- Quorums.
- Voting; proxies.
- Tort and contract liability.
- Conveyance or encumbrance of common elements.
- Insurance.
- Surplus funds.
- Assessments for common expenses.
- Lien for assessments.
- Other liens.
- Association records.
- Association as trustee.
Article 4. Protection Of Purchasers.
- Applicability; waiver.
- Liability for public offering statement requirements.
- Public offering statement; general provisions.
- Same — Common interest communities subject to development rights.
- Same — Time shares.
- Same — Common interest communities containing conversion buildings.
- Same — Common interest community securities.
- Purchaser’s right to cancel.
- Resales of units.
- Escrow of deposits.
- Release of liens.
- Conversion buildings.
- Express warranties of quality.
- Implied warranties of quality.
- Exclusion or modification of implied warranties of quality.
- Statute of limitations for warranties.
- Effect of violations on rights of action; attorney’s fees.
- Labeling of promotional material.
- Declarant’s obligation to complete and restore.
- Substantial completion of units.
For Condominiums
The West Virginia Unit Property Act regulates the creation, operation, management, and powers of condominium associations that expressly opt to be governed by this Act. This is done by recording a declaration under the provisions of this Act in the county’s recording office where the condominium is located.
You can find the West Virginia Property Act under Chapter 36A of the West Virginia Code. It consists of eight articles, each one broken down further into sections.
Article 1. Preliminary Provisions.
Article 2. General Provisions.
Article 3. Administrative Provisions.
- Administration governed by code of regulations.
- Adoption, amendment or repeal of code of regulations.
- Contents of code of regulations.
- Compliance by owners with code of regulations, administrative provisions, etc.
- Remedy for noncompliance with code of regulations, administrative provisions, etc.
- Duties of council.
- Powers of council.
- Work on common elements.
- Certain work prohibited.
- Easements for work.
- Common profits and expenses.
- Voting by unit owners.
- Records of receipts and expenditures; examination by owners; records of assessments.
Article 4. Declarations, Conveyances, Mortgages And Leases.
- Contents of declaration.
- Declaration plan.
- Contents of deeds of units.
- Mortgages and other liens of record affecting property at time of first conveyance of each unit.
- Sales, conveyances or leases of or liens upon separate units.
Article 5. Recording.
- Instruments recordable.
- Recording a prerequisite to effectiveness of certain instruments.
- Place of recording.
- Indexing by recording officer.
- Recording fees.
Article 6. Removal Of Property From Provisions Of Chapter; Resubmission.
Article 7. Assessments, Taxation And Liens.
- Assessments and taxes.
- Assessment of charges.
- Method of enforcing charges.
- Mechanics’ liens against units.
- Unpaid assessments at time of voluntary sale of unit.
Article 8. Miscellaneous.
West Virginia HOA Laws on Corporate Governance
The West Virginia Nonprofit Corporation Act applies to all non-profit corporations in the state. It regulates the corporate structure, management, and procedure of homeowners associations and condominiums that establish themselves as non-profit corporations, which is usually the case in West Virginia.
You can find the West Virginia Nonprofit Corporation Act under Chapter 31E of the West Virginia Code. It contains 16 articles, namely:
- General Provisions – Sections 31E-1-101 through 31E-1-152
- Incorporation – Sections 31E-2-201 through 31E-2-206
- Purposes And Powers – Sections 31E-3-301 through 31E-3-304
- Name – Sections 31E-4-401 through 31E-4-404
- Office And Agent – Sections 31E-5-501 through 31E-5-504
- Members – Membership Rights And Liabilities – Sections 31E-6-601 through 31E-6-604
- Members – Meetings And Voting – Sections 31E-7-701 through 31E-7-728
- Directors And Officers – Sections 31E-8-801 through 31E-8-860
- Reserved – Article 9
- Amendment Of Articles Of Incorporation And Bylaws – Sections 31E-10-1001 through 31E-10-1022
- Mergers – Sections 31E-11-1101 through 31E-11-1104
- Disposition Of Assets – Sections 31E-12-1201 through 31E-12-1202
- Dissolution – Sections 31E-13-1301 through 31E-13-1340
- Foreign Corporations – Sections 31E-14-1401 through 31E-14-1533
- Records And Reports – Sections 31E-15-1501 through 31E-15-1520
- Transition Provisions – Sections 31E-16-1601 through 31E-16-1603
West Virginia HOA Laws on Solar Energy Devices
According to Section 36-4-19 of the West Virginia Code, homeowners associations may not forbid homeowners from installing or using a solar energy system (like solar panels). Any provisions prohibiting or restricting the use or installation of such systems are deemed void and unenforceable.
West Virginia HOA Laws on Fair Debt Collection
The West Virginia Consumer Credit and Protection Act is one of the HOA laws of West Virginia that protects homeowners from unfair debt collection practices. It is, in many ways, similar to the federal Fair Debt Collection Practices Act. Under this Act, debt collectors may not use any misleading, abusive, or unfair tactics when attempting to collect a debt. Victims can sue the debt collector for violating the Act or file a complaint with the Federal Trade Commission or the Consumer Financial Protection Bureau.
Fair Housing
The West Virginia Fair Housing Act prohibits housing discrimination based on sex, religion, ancestry, national origin, race, color, blindness, disability, or familial status. It also protects persons who need service animals or reasonable accommodations.
The Act was modeled after the federal Fair Housing Act, offering similar protections but on a state level. Victims of housing discrimination can file a private lawsuit in state or federal court. They may also lodge a complaint with the U.S. Department of Housing and Urban Development or the West Virginia Human Rights Commission.
