99. My HOA continues to use their actions on homeowner property citing an “emergency”. What exactly is an emergency in my HOA?

Generally speaking, there can be conflicting opinions about whether a particular situation is an “emergency.”

Most if not all HOAs in West Virginia have text in their governing documents defining emergency; for example:

circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and by necessity make it impracticable to provide notice as required“.

“IF” your governing documents do not address the issue of emergency, we suggest encouraging your board to consider an addition of text that is reasonable.  And remember use of the words “emergency” and “action” must be clearly defined. All additions to your governing documents must be provided to all members of your HOA.