134. Is it true my HOA can allow ATVs even though our DCCR says no ATVs?

To develop ingress and egress HOA policy, consider WV Code:  ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES. §17F-1-1. Acts prohibited by operator; penalties for violations. Also review §17F-1-3(2) Homeowner associations may petition the county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association.

WV Code §17 A-13-1 Street-legal special purpose vehicles; operation on highways; registration procedures; licensing requirements; equipment requirements.

“Special purpose vehicle” includes all-terrain vehicles, utility terrain vehicles, mini- trucks, pneumatic-tired military vehicles, and full-size special purpose-built vehicles, including those self-constructed or built by the original equipment manufacturer and those that have been modified.

Those vehicles must comply with the WV Division of Motor Vehicles.

Caution: Nothing in this section authorizes the operation of a street-legal special purpose vehicle in an area that is not open to motor vehicle use.

Be Aware:

§17A-13-1(c) An individual may not operate a special purpose vehicle as a street-legal special purpose vehicle on a highway if:

(1) The highway is a controlled-access system, including, but not limited to, interstate systems; or
(2) The county, municipality, or the Division of Natural Resources where the highway is located prohibits special purpose vehicles.

TIP: the area that is not open to motor vehicle use could be an owner’s lot and the common area (excluding roads) of the planned community.