86. What are the most important points to begin writing a proposed amendment to our WV Legislators for our suggested text for 36B?

Courtesy: David C. Hardesty, Jr., Introduction to Bill Drafting in West Virginia, 118 W. Va. L. Rev. Online 68 (2016); referencing Dr. L. Christopher Plein, West Virginia University College of Law.

WV Bill Drafting Considerations:

  • How do you frame the question(s) or define the issue(s) you are addressing?
  • Why is (are) the issue(s) important now?
  • Is legislative action the best means of addressing the matter(s)?
  • What is the intent or purpose of your proposal?
  • Can your proposal be informed by comparable actions taken on this or similar issues in this state or other jurisdictions?
  • Are there potential negative spill-over effects or unintended consequences of your proposal that can be identified and addressed now?
  • What is your time frame for realizing the policy?
  • Does your proposal take into account the committee system, rules, politics, and traditional realities of the legislative arena? When is the best time to compromise on tough political issues?
  • Does your proposal complement existing policies, institutional arrangements, and traditional practices?
  • What types of findings, sanctions, remedies, and other tools will be used to encourage the changes you would like to see adopted?
  • What objectives and benchmarks will be used to allow for future policy review and assessment?
  • Is your particular policy proposal superior to other proposals designed to achieve similar concerns?


WV Code §36B is the Uniform Common Interest Ownership Act that most, though not all, homeowner associations in West Virginia follow either in part or whole depending upon the choices of their Declarant/Developer when initiating the association’s Declaration of Covenants, Conditions and Restrictions.