27. Does the WV Uniform Common Interest Ownership Act 36B protect a limited expense liability planned community?

Only three sections apply (36B-1-105, 106 and 107). This is the exemption that most developers use to avoid the protections and restrictions of the Act. See 36B-1-203.

  • §36B-1-105. Separate titles and taxation.
  • §36B-1-106. Applicability of local ordinances, regulations and building codes.
  • §36B-1-107. Eminent domain.
  • §36B-1-203 . Applicability to new common interest communities. — Exception for small and limited expense liability planned communities.