In addition to each unique set of governing documents, HOAs in WV are governed by the West Virginia Non-profit Corporation Act (Chapter 31E) and the Uniform Common Interest Ownership Act (Chapter 36B).

Chapter 31E is not HOA specific, and generally applies to all non-profit and not-for-profit entities in WV. (Incorporation and good standing issues are a separate topic.)

Chapter 36B is HOA specific, but many subdivisions do not fall under this statute. If a community in WV was created prior to the adoption of Chapter 36B, then the Act applies.

However, the Act does not override conflicting provisions in the governing documents of a preexisting Association. If there is a conflict, the governing documents of the Association take precedent. If a preexisting community changes their documents, then the changes must conform to the applicable section(s) of the Act. See 36B-1-204.