120. How do I know if our HOA is covered by WV Code 36B?

OK there are steps to learn – have your Declaration at the ready. We are assuming your question excludes condominiums. Remember when in doubt ask your legal counsel. The following flow chart has simplified the answer:

 

Flow Chart WV Code 36B Applicability

>>> West Virginia Code §36B Uniform Common Interest Ownership Act

Additionally:

August 4, 2020 the UNIFORM LAW COMMISSION Drafting Committee has discussed the question whether to recommend a revision to apply the act to many or all old (“preexisting”) common interest communities.
Policy issues are discussed in the Reporter’s Memorandum on Scope of the Uniform Common Interest Ownership Act, and constitutional issues are discussed in the Reporter’s Memorandum on Constitutional Issues raised by the retroactive application of the Uniform Common Interest Ownership Act, both dated Aug. 4, 2020