West Virginia HOA & Condo Laws
How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …
UCIOA — Assessments for Common Expenses →
Establishes the framework for levying and collecting assessments for common expenses. The association must include adequate reserves in the budget. Assessments are allocated among units …
UCIOA — Lien for Assessments →
The association has a lien on a unit for any assessment or fine from the time it becomes due. The lien is prior to all …
UCIOA — Resale of Units →
Before selling a unit, the owner must provide the purchaser with a copy of the declaration, bylaws, and association rules, plus a certificate containing 14 …
Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.
UCIOA — Assessments for Common Expenses →
Establishes the framework for levying and collecting assessments for common expenses. The association must include adequate reserves in the budget. Assessments are allocated among units …
UCIOA — Resale of Units →
Before selling a unit, the owner must provide the purchaser with a copy of the declaration, bylaws, and association rules, plus a certificate containing 14 …
Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.
UCIOA — Meetings →
Requires not less than 10 nor more than 60 days' advance notice of any meeting of the unit owners' association. Notice must be hand- delivered …
Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.
UCIOA — Meetings →
Requires not less than 10 nor more than 60 days' advance notice of any meeting of the unit owners' association. Notice must be hand- delivered …
Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.
UCIOA — Association Records →
Requires the association to maintain detailed financial records, minutes of meetings, a record of unit owners, and other governance documents. Unit owners have the right …
Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.
Uniform Common Interest Ownership Act — Applicability →
Defines applicability of the UCIOA to common interest communities created in West Virginia. Includes transition provisions for preexisting communities and exceptions for small cooperatives and …
UCIOA — Lien for Assessments →
The association has a lien on a unit for any assessment or fine from the time it becomes due. The lien is prior to all …
Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.
UCIOA — Resale of Units →
Before selling a unit, the owner must provide the purchaser with a copy of the declaration, bylaws, and association rules, plus a certificate containing 14 …
Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.
UCIOA — Insurance →
Requires the association to maintain property insurance on the common elements and liability insurance covering the association, the executive board, and the unit owners for …
UCIOA — Resale of Units →
Before selling a unit, the owner must provide the purchaser with a copy of the declaration, bylaws, and association rules, plus a certificate containing 14 …
Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …
UCIOA — Powers of Unit Owners' Association →
The executive board may act in all instances on behalf of the association except as provided in the declaration, bylaws, or the act. The board …
UCIOA — Executive Board Members and Officers →
Establishes qualifications, terms, and duties of executive board members. Officers and board members appointed by the declarant must exercise the care required of fiduciaries; those …
The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.
Uniform Common Interest Ownership Act — Short Title →
The Uniform Common Interest Ownership Act (W. Va. Code Chapter 36B) governs all common interest communities in West Virginia, including condominiums, cooperatives, and planned communities. …
Uniform Common Interest Ownership Act — Applicability →
Defines applicability of the UCIOA to common interest communities created in West Virginia. Includes transition provisions for preexisting communities and exceptions for small cooperatives and …
Uniform Common Interest Ownership Act — Definitions →
Definitions for the West Virginia UCIOA, including common interest community, unit, common elements, declarant, executive board, and unit owners' association.
Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.
UCIOA — Lien for Assessments →
The association has a lien on a unit for any assessment or fine from the time it becomes due. The lien is prior to all …
The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.
UCIOA — Executive Board Members and Officers →
Establishes qualifications, terms, and duties of executive board members. Officers and board members appointed by the declarant must exercise the care required of fiduciaries; those …
- West Virginia community directory 19 associations