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

Chapter 129 is included within the ACTS OF THE LEGISLATURE and archived by the year, currently 1863 through the 2020s. The following explanation relates only to §36B-1-201.

for WV Code §36B-1-201 the Acts of the legislature in 1963-1964 Vol. 1 Chapter is 53 [page 174] as amended, increasing benefits in the state teachers’ retirement system does not apply to common interest communities after the effective date of this chapter [Passed March 4, 1963; in effect July 1, 1963. Approved by the Governor.]

TIP: Chapter 53 should have been stated Chapter 153:

for WV Code §36B-1-201 the Acts of the legislature in 1963-1964 Vol. 1 Chapter is 153 [page 712] adding thereto a new chapter, designated chapter thirty-six-a, relating to the ownership of real property… does not apply to common interest communities after the effective date of this chapter [Passed March 7, 1963; In effect ninety days from passage. Approved by the Governor.]

for WV Code §36B-1-201 the Acts of the legislature in 1980 Vol. 1 Chapter is 129 [page 654] adding thereto a new chapter, designated chapter thirty-six-b, relating to the enactment of the uniform condominium act does not apply to common interest communities after the effective date of this chapter [Passed February 6, 1980; in effect July I, 1980. Approved by the Governor.]

for WV Code §36B-1-201 the Acts of the legislature in 1984 Vol. 1 Chapter is 38 [page 238] as amended, relating to the uniform condominium act does not apply to common interest communities after the effective date of this chapter [Passed March 7, 1984; in effect ninety days from passage. Approved by the Governor.]


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

As stated previously, the language highlighted chapter one hundred twenty-nine [§129], acts of the Legislature, one thousand nine hundred eighty [1980], typo – repealed? 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.

  • Acts 1986,  Chapter 164 [page 1136] as amended, be amended and reenacted relating to the Uniform Common Interest Ownership Act [Passed March 8, 1986; in effect July I, 1986. Approved by the Governor.]
  • Acts 1984 Chapter 38 [page 238] as amended, be amended and reenacted to 36B Uniform Condominium Act [Passed March 7, 1984; in effect ninety days from passage. Approved by the Governor.]
    Acts 1980,  Chapter 129 [page 654]  by adding thereto a new chapter, designated chapter 36B Uniform Condominium Act [Passed February 6, 1980; in effect July I, 1980. Approved by the Governor.]