West Virginia HOA & Condominium Law
11 active West Virginia statutes govern homeowners associations and condominiums in the state. The corpus encodes 35 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Estoppel Disclosure Workflow
13 standard items
WV
CommunityPay has not verified a state-specific statutory resale certificate regime in West Virginia. Disclosure follows a non-statutory estoppel workflow. The 13 items below reflect standard title company and lender expectations, not legal requirements specific to any particular association.
- Current periodic assessment amount and any unpaid or delinquent assessments
- Pending or approved special assessments
- Reserve fund balance and designated projects
- Most recent balance sheet and income/expense statement
- Current operating budget
- Insurance coverage provided for the benefit of owners
- Pending lawsuits, unsatisfied judgments, or threatened litigation
- Board composition, meeting frequency, and governance status
- Declaration, bylaws, and rules and regulations
- Capital expenditures approved or anticipated for current and next two fiscal years
- Transfer fees, move-in/move-out fees, or other charges upon sale
- Known violations of the governing documents or applicable codes
- Right of first refusal or other restraints on transfer
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
West Virginia does not cap RC preparation fees by statute. With CommunityPay, the board issues the certificate directly from live ledger data — eliminating the third-party fee entirely. Residents typically save $250–$400 per closing.
What West Virginia Law Requires
Governance (17)
- Establishes a comprehensive framework for creation, governance, management, and purchaser protection. W. Va. Code §36B-1-101
- The Uniform Common Interest Ownership Act (W. W. Va. Code §36B-1-101
- Code Chapter 36B) governs all common interest communities in West Virginia, including condominiums, cooperatives, and planned communities. W. Va. Code §36B-1-101
- Defines applicability of the UCIOA to common interest communities created in West Virginia. W. Va. Code §36B-1-102
- Includes transition provisions for preexisting communities and exceptions for small cooperatives and limited-expense planned communities. W. Va. Code §36B-1-102
- Definitions for the West Virginia UCIOA, including common interest community, unit, common elements, declarant, executive board, and unit owners' association. W. Va. Code §36B-1-103
- The executive board may act in all instances on behalf of the association except as provided in the declaration, bylaws, or the act. W. Va. Code §36B-3-102
- The board may not amend the declaration, terminate the community, or elect board members. W. Va. Code §36B-3-102
- It may fill vacancies for unexpired terms. W. Va. Code §36B-3-102
- Officers and board members appointed by the declarant must exercise the care required of fiduciaries; those elected by owners must exercise ordinary and reasonable care. W. Va. Code §36B-3-103
- Establishes qualifications, terms, and duties of executive board members. W. Va. Code §36B-3-103
- Includes declarant control transition provisions. W. Va. Code §36B-3-103
- The statute does not differentiate between annual and special meetings. W. Va. Code §36B-3-108
- Not less than ten nor more than sixty days in advance of any meeting W. Va. Code §36B-3-108
- Requires not less than 10 nor more than 60 days' advance notice of any meeting of the unit owners' association. W. Va. Code §36B-3-108
- Notice must be hand- delivered or sent prepaid by U.S. W. Va. Code §36B-3-108
- mail and must include the time, place, and agenda items, including proposed amendments, budget changes, and proposals to remove officers or board members. W. Va. Code §36B-3-108
Assessment (6)
- Establishes the framework for levying and collecting assessments for common expenses. W. Va. Code §36B-3-115
- Assessments are allocated among units as specified in the declaration. W. Va. Code §36B-3-115
- Six months immediately preceding institution of an action to enforce the lien W. Va. Code §36B-3-116
- The association has a lien on a unit for any assessment or fine from the time it becomes due. W. Va. Code §36B-3-116
- A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years W. Va. Code §36B-3-116
- West Virginia is a judicial foreclosure state; the UCIOA does not provide a power of sale for residential communities W. Va. Code §36B-3-116
Reserves (1)
- The association must include adequate reserves in the budget. W. Va. Code §36B-3-115
Disclosure (5)
- The association has 10 days to provide the certificate. W. Va. Code §36B-4-109
- The contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance W. Va. Code §36B-4-109
- The contract is voidable by the purchaser until the certificate is delivered plus 5 days, or until conveyance. W. Va. Code §36B-4-109
- The association shall furnish the certificate within ten days W. Va. Code §36B-4-109
- 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 required disclosures: current assessments, unpaid amounts, other fees, capital expenditures (current and two succeeding years), reserve fund status, financial statements, operating budget, pending litigation, insurance coverage, unit violations, code violations, leasehold terms, sale restrictions, and alienability restraints. W. Va. Code §36B-4-109
Records (2)
- Unit owners have the right to inspect and copy records. W. Va. Code §36B-3-118
- Requires the association to maintain detailed financial records, minutes of meetings, a record of unit owners, and other governance documents. W. Va. Code §36B-3-118
Enforcement (3)
- The lien is extinguished unless enforcement proceedings are instituted within 3 years. W. Va. Code §36B-3-116
- A lien for 6 months of common expense assessments immediately preceding institution of an action has super-priority over first mortgages. W. Va. Code §36B-3-116
- The lien is prior to all other liens except those recorded before the declaration, first security interests recorded before the assessment became delinquent (subject to the 6-month super-priority), and government tax liens. W. Va. Code §36B-3-116
Insurance (1)
- 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 common element claims. W. Va. Code §36B-3-113
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
3
Governance Documents
3
Enforcement and Fines
2
Fiduciary Duty
2
Insurance Requirements
2
Reserve Requirements
2
Developer Transition
1
Elections and Voting
1
Foreclosure and Liens
1
Meetings and Notice
1
Records Access and Inspection
1
Resale Disclosure
1
Each chip links to the West Virginia statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All West Virginia authorities →
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. Establishes a comprehensive framework for creation, governance, management, and purchaser protection.
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 limited-expense planned communities.
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.
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 may not amend the declaration, terminate the community, or elect board members. It may fill vacancies for unexpired terms.
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 elected by owners must exercise ordinary and reasonable care. Includes declarant control transition provisions.
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 or sent prepaid by U.S. mail and must include the time, place, and agenda items, including proposed amendments, budget changes, and proposals to remove officers or board members. The statute does not differentiate between annual and special meetings.
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 common element claims.
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 as specified in the declaration.
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 other liens except those recorded before the declaration, first security interests recorded before the assessment became delinquent (subject to the 6-month super-priority), and government tax liens. A lien for 6 months of common expense assessments immediately preceding institution of an action has super-priority over first mortgages. The lien is extinguished unless enforcement proceedings are instituted within 3 years. Prevailing party recovers costs and reasonable attorney's fees.
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 to inspect and copy records.
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 required disclosures: current assessments, unpaid amounts, other fees, capital expenditures (current and two succeeding years), reserve fund status, financial statements, operating budget, pending litigation, insurance coverage, unit violations, code violations, leasehold terms, sale restrictions, and alienability restraints. The association has 10 days to provide the certificate. The contract is voidable by the purchaser until the certificate is delivered plus 5 days, or until conveyance.
Source: West Virginia state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Pending & Recent West Virginia HOA Legislation
Last action: Feb 25, 2026
Last action: Feb 11, 2026
3 HOA-relevant bills tracked for West Virginia · refreshed Oct 3, 2026 · Source: LegiScan
Frequently Asked Questions — West Virginia HOA Law
How long does a West Virginia HOA have to deliver a resale certificate?
Under W. Va. Code §36B-4-109, a West Virginia association must deliver the resale certificate within 10 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: W. Va. Code §36B-4-109
How much advance notice must a West Virginia HOA give for meetings?
Under W. Va. Code §36B-3-108, a West Virginia association must give unit owners at least 10 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.
Source: W. Va. Code §36B-3-108
Does a West Virginia HOA assessment lien have priority over a first mortgage?
Yes — West Virginia is a 'super-priority' state. Under W. Va. Code §36B-3-116, the association's lien for 6 months of unpaid assessments takes priority over a first-recorded mortgage. When the HOA forecloses, the first mortgage lender must either pay the 6 months of super-priority assessments or risk losing its lien — a significant collection tool for the association.
Source: W. Va. Code §36B-3-116
Answers derived from the West Virginia legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
West Virginia HOA Fee Benchmark
$221
Avg Median Monthly Fee
$68 – $479
County Range
4740
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 50 counties with data.
Communities by City
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Download the West Virginia HOA & Condo Compliance Checklist
One PDF — every active West Virginia statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from West Virginia Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations