WV Code 36B
Uniform Common Interest Ownership Act
West Virginia Code
Regulations for most, though not all, homeowner associations in the state of West Virginia.
In all cases of inconsistency the official recorded document shall prevail.
West Virginia Organization of Homeowners Associations (WVOHOA) continues to work with our WV elected members, attorneys and yes, homeowners like yourself, in drafting WV legislation to update by amendment the WV UCIOA 36B
RECOGNIZED BY JEFFERSON COUNTY 1972 – effective July 1986
ARTICLE 1. GENERAL PROVISIONS.
§36B-1-101. Short Title.
§36B-1-104. Variation by agreement.
§36B-1-105. Separate titles and taxation.
§36B-1-106. Applicability of local ordinances, regulations and building codes.
§36B-1-107. Eminent domain.
§36B-1-108. Supplemental general principles of law applicable.
§36B-1-109. Construction against implicit repeal.
§36B-1-110. Uniformity of application and construction.
§36B-1-111. Unconscionable agreement or term of contract.
§36B-1-112. Obligation of good faith.
§36B-1-113. Remedies to be liberally administered.
§36B-1-114. Adjustment of dollar amounts. (1994 Acts of the West Virginia Legislature Vol. 2 Chapter 176 Amended assessment from $100 to $300/unit as adjusted to the CPI*)
§36B-1-201. Applicability to new common interest communities.
§36B-1-202. Same — Exception for small cooperatives.
§36B-1-203. Applicability to new common interest communities. — Exception for small and limited expense liability planned communities. (1994 Acts of the West Virginia Legislature Vol. 2 Chapter 176 Amended assessment from $100 to $300/unit as adjusted to the CPI*)
§36B-1-204. Applicability to preexisting common interest communities.
§36B-1-205. Same — Exception for small preexisting cooperatives and planned communities.
§36B-1-206. Same — Amendments to governing instruments.
§36B-1-207. Applicability to nonresidential planned communities.
ARTICLE 2. CREATION, ALTERATION AND TERMINATION OF COMMON INTEREST COMMUNITIES.
§36B-2-101. Creation of common interest communities.
§36B-2-102. Unit boundaries.
§36B-2-103. Construction and validity of declaration and bylaws.
§36B-2-104. Description of units.
§36B-2-105. Contents of declaration.
§36B-2-106. Leasehold common interest communities.
§36B-2-107. Allocation of allocated interests.
§36B-2-108. Limited common elements.
§36B-2-109. Plats and plans.
§36B-2-110. Exercise of development rights.
§36B-2-111. Alterations of units.
§36B-2-112. Relocation of boundaries between adjoining units.
§36B-2-113. Subdivision of units.
§36B-2-114. Monuments as boundaries.
§36B-2-115. Use for sales purposes.
§36B-2-116. Easement rights.
§36B-2-117. Amendment of declaration.
§36B-2-118. Termination of common interest community.
§36B-2-119. Rights of secured lenders.
§36B-2-120. Master associations.
§36B-2-121. Merger or consolidation of common interest communities.
§36B-2-122. Addition of unspecified real estate.
ARTICLE 3. MANAGEMENT OF THE COMMON INTEREST COMMUNITY.
§36B-3-101. Organization of unit owners’ association.
§36B-3-102. Powers of unit owners’ association.
§36B-3-103. Executive board members and officers.
§36B-3-104. Transfer of special declarant rights.
§36B-3-105. Termination of contracts and leases of declarant.
§36B-3-107. Upkeep of common interest community.
§36B-3-110. Voting; proxies.
§36B-3-111. Tort and contract liability.
§36B-3-112. Conveyance or encumbrance of common elements.
§36B-3-114. Surplus funds.
§36B-3-115. Assessments for common expenses.
§36B-3-116. Lien for assessments.
§36B-3-117. Other liens.
§36B-3-118. Association records.
§36B-3-119. Association as trustee.
ARTICLE 4. PROTECTION OF PURCHASERS.
§36B-4-101. Applicability; waiver.
§36B-4-102. Liability for public offering statement requirements.
§36B-4-103. Public offering statement; general provisions.
§36B-4-104. Same — Common interest communities subject to development rights.
§36B-4-105. Same — Time shares.
§36B-4-106. Same — Common interest communities containing conversion buildings.
§36B-4-107. Same — Common interest community securities.
§36B-4-108. Purchaser’s right to cancel.
§36B-4-109. Resales of units.
§36B-4-110. Escrow of deposits.
§36B-4-111. Release of liens.
§36B-4-112. Conversion buildings.
§36B-4-113. Express warranties of quality.
§36B-4-114. Implied warranties of quality.
§36B-4-115. Exclusion or modification of implied warranties of quality.
§36B-4-116. Statute of limitations for warranties.
§36B-4-117. Effect of violations on rights of action; attorney’s fees.
§36B-4-118. Labeling of promotional material.
§36B-4-119. Declarant’s obligation to complete and restore.
§36B-4-120. Substantial completion of units.
*adjustment to the Consumer Price Index (CPI) calculator