127. Nothing in our documents cover bad checks, what can my HOA do about bad checks?

HOA policy for a specific issue can be developed. However, Associations also need to read and understand their rights within WV Code §55-16-1. Civil remedy for making, drawing, issuing, uttering or delivery of worthless check, draft or order. And more specifically understanding WV Code §61-3-39a through 39h. Obtaining property in return for worthless check; penalty. That’s where rights of the check writer kick in – they cannot be held accountable on the same bad check twice.

read WVOHOA’s circulated response