121. What is a consensual common law lien that my HOA’s lawyer keeps referring to?

The West Virginia Supreme Court of Appeals recognizes a lien [HOA assessment] of that nature is a “consensual common law lien” against real property and is valid and enforceable in West Virginia. [Purchasers within an HOA voluntarily agree to pay an HOA assessment, usually called a Property Unit Development, e.g. PUD rider, at the time of the purchaser’s settlement.]

The plain language of W.Va. Code §36B-3-116(f) (1986) (Repl. Vol. 2005) requires a judgment or decree in any action brought under W.Va. Code §36B-3-116 to include an award of costs and reasonable attorney’s fees for the prevailing party. The WV Consumer Credit and Protection Act §46A-1-101as amended does not apply to an HOA’s “consensual common law lien”.

Review a West Virginia  2018 case for the facts