West Virginia HOA & Condo Laws

Assessment Collection Compare across states →

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 …

W. Va. Code §36B-3-115

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 …

W. Va. Code §36B-3-116

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 …

W. Va. Code §36B-4-109

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 …

Reserve Requirements Compare across states →

Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.

W. Va. Code §36B-3-115

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 …

W. Va. Code §36B-4-109

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 …

Meetings and Notice Compare across states →

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.

W. Va. Code §36B-3-108

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 …

Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

W. Va. Code §36B-3-108

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 …

Records Access and Inspection Compare across states →

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.

W. Va. Code §36B-3-118

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 …

Enforcement and Fines Compare across states →

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.

W. Va. Code §36B-1-102

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 …

W. Va. Code §36B-3-116

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 Disclosure Compare across states →

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.

W. Va. Code §36B-4-109

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 …

Insurance Requirements Compare across states →

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.

W. Va. Code §36B-3-113

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 …

W. Va. Code §36B-4-109

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 …

Fiduciary Duty Compare across states →

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 …

W. Va. Code §36B-3-102

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 …

W. Va. Code §36B-3-103

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 …

Governance Documents Compare across states →

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.

W. Va. Code §36B-1-101

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. …

W. Va. Code §36B-1-102

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 …

W. Va. Code §36B-1-103

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.

Foreclosure and Liens Compare across states →

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.

W. Va. Code §36B-3-116

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 …

Developer Transition Compare across states →

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.

W. Va. Code §36B-3-103

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 …

Legal Facts by Category
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
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
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
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
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
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
The association must include adequate reserves in the budget. W. Va. Code §36B-3-115
Legal references last verified April 15, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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