96. We are having trouble locating CHAPTER 129 when reading Chapter 36B-1-201, can you help?

WVOHOA cannot answer all the questions, though we can indeed try, we’ve received a reply from Rich Olsen, Director, WV Legislative Services,  Acts of the Legislature of West Virginia

Original Inquiry 8-1-2017:

I am having trouble locating CHAPTER 129 when reading Chapter 36B-1-201.

129 might be a typo or repealed, can you help me please?

§36B-1-201. Applicability to new common interest communities

Except as provided in sections 1-202 and 1-203, this chapter [36B] applies to all common interest communities created within this state after the effective date of this chapter.

The provisions of chapter fifty-three [§53 Extraordinary Remedies], acts of the Legislature, one thousand nine hundred sixty-three [1963],

chapter one hundred twenty-nine [§129], acts of the Legislature, one thousand nine hundred eighty [1980], typo – repealed?

and chapter thirty-eight [§38 Liens], acts of the Legislature, one thousand nine hundred eighty-four [1984], do not apply to common interest communities created after the effective date of this chapter.”

Reply from Rich Olsen, Director, WV Legislative Services  8-11-2017:

As stated previously, the language highlighted above and found in current code 36B-1-201 refers back to a previous enactment of the Legislature. Acts of the Legislature 1980, Chapter 129 is the original enactment of Chapter 36B. As it was enacted in 1980, it was relating to the Uniform Condominium Act (which is separate and distinct from Chapter 36A, Condominiums and Unit Property).

Chapter 36B in its current form, the Uniform Common Interest Ownership Act, was enacted in 1986. Acts of the Legislature, Chapter 164. The 1986 reenactment of Chapter 36B replaced the previous language, relating to the Uniform Condominium Act, in its entirety and renamed it the Uniform Common Interest Ownership Act.

The 1984 date which you mentioned is incorrect. There was indeed a reenactment of Chapter 36B in 1984, which can be found in Acts of the Legislature 1984, Chapter 38, but the language then replaced the language first enacted in 1980, leaving it as the Uniform Condominium Act.