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

State law trumps the governing document of your planned community. Senate Bill 690 passed March 7, 2020 effective June 5, 2020.

West Virginia 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.

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.