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 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.
Assessment
| Ref | Requirement |
|---|---|
| Six months immediately preceding institution of an action to enforce the lien | |
| A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years | |
| West Virginia is a judicial foreclosure state; the UCIOA does not provide a power of sale for residential communities | |
| The association has a lien on a unit for any assessment or fine from the time it becomes due. |
Enforcement
| Ref | Requirement |
|---|---|
| The lien is extinguished unless enforcement proceedings are instituted within 3 years. | |
| 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. |
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Legal references last verified April 15, 2026.
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