Legislation

Homeowner associations in West Virginia maintain the desire to follow the laws, learn the procedures and insist on oversight.

WVOHOA attempts to be diligent in tracking related laws, amendments to those laws and alert homeowner association membership of updates. The following information is not a definitive resource.

West Virginia Legislature

Several key laws regarding WV common interest communities (HOAs, Condos, Co-ops) are:

§8A. LAND USE PLANNING
  §8-1-5a. Municipal Home Rule Program effective July 1, 2019
  §8-12-22 Zombie Property Remediation Act of 2021 (new code) effective June 16, 2021
§11-13-1 and 11-13-3(7)  Business and Occupation Tax effective July 7, 2005
exempting from tax gross income received by nonprofit homeowners associations
§7-12A. MAINTENANCE ASSOCIATIONS
 road maintenance associations responsibilities
§17C-14-13 VEHICLES PARKED ON PRIVATE PROPERTY; PENALTY
includes three fine levels, towing vehicles at owner’s expense, and police notification
§17F Mandatory ATV Regulations enacted 2004

WVU ATV Flyer includes Local Government Authority & Penalties
§31D. WEST VIRGINIA BUSINESS CORPORATION ACT
includes: §31D-8-801 Standards of and Requirements for Board of Directors
§31.CORPORATIONS repealed 2002 and replaced with §31E:
§31E. WEST VIRGINIA NONPROFIT CORPORATION ACT  effective June 7, 2002

§31E-7-708 Conduct of Meetings and Voting (remote communication) effective March 1, 2020
§31E-15-1501 & 1502. Inspection (and copying) of records by members
§36A. WEST VIRGINIA CONDOMINIUMS AND UNIT PROPERTY effective June 5, 1963
designated as a new chapter 36B Uniform Condominium Act effective July 1, 1980
§36B. WEST VIRGINIA UNIFORM COMMON INTEREST OWNERSHIP ACT. effective July 1, 1986 
§36B-1-103. Definitions. includes Association, Planned Community, Condominium, Cooperative
§36B-1-203 increased maximum annual assessment (from $100 to $300) effective June 10, 1994
§36-4-19. SOLAR ENERGY COVENANTS UNENFORCEABLE; PENALTY effective June 10, 2012
§38. LIENS. and ARTICLE 4. EXECUTIONS.WV Sheriff’s Liens, Writs
§39A. WEST VIRGINIA UNIFORM ELECTRONIC TRANSACTIONS ACT effective July 13, 2001
§46A. West Virginia Consumer Credit Protection Act
§46A-1-105(a)(3). Exclusions.effective May 17, 2020
TSD-435 WV Sales Tax – Explanation Short-Term Leases & Rentals of Real Property rev. 2023
AirBnB, VRBO, HomeAway, etc. short term rental(s) –  West Virginia Tax Division
TSD-318 WV Taxation of Homeowners’ Associations & Common Interest Communities rev. 2018
Federal IRS Code 528  Explanation HOA Tax Exemption

    reference
1997 Evolution of Restrictive Covenants in West Virginia

2006 background on the formation & birth of UCIOA, by Carl Lisman
NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it
APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES:
1982  Recommended for Enactment to All States: Uniform Common Interest Ownership Act
1994  Recommended Amendments to the Uniform Common Interest Ownership Act
2008 Recommended Amendments to the Uniform Common Interest Ownership Act
2008 Recommended Amendments to the Uniform Common Interest Owners Bill of Rights Act
2008 COMPARISON: WV Code §36B, 2008 UCIOA and the UCIO’s Bill of Rights
2014 Recommended Amendments to the Uniform Common Interest Ownership Act
2021 Recommended Amendments to the Uniform Common Interest Ownership Act
2023 Uniform Unlawful Restrictions in Land Records Act

9-14-2021 Prof. Vince Cardi, WVU introduces 2021 Recommended Amendments to the West Virginia legislature’s Committee on Interstate Cooperation
Audio/Video introduction starts at 1:47:15 or view only the 3-minute captured section
11-5-2021 WVOHOA Packet and references from 2021 ULC Reporter James C. Smith, Annotated Notes
11-5-2021 UCIOA FINAL  with legislative notes and comments by the Uniform Law Commission


WHAT’S BEEN HAPPENING FOR HOAs :  WV LEGISLATURE & U.S. FEDERAL LAWS

not a definitive resource

2024

CAUTION to planned communities: the Federal Corporate Transparency Act activates January 1, 2024. WVOHOA believes this net is too wide and may trap planned communities.
Review WVOHOA’s Broadcast

House Bill 5426 – introduced 2/2/2024
By Mark Worrell
to add a new section 30-1A-7 to update laws to protect home-based business and remote work

Senate Bill 694 – introduced 2/7/2024
By Jason Bennett
by adding a new chapter 31J to mandate registration of land use associations with the Secretary of State’s office and provides definitions, a statement of legislative purpose, and the required content of the registration form
(Homeowner Comments)

Senate Bill 535 – introduced 1/24/2024
By Jason Hunt
to prohibit cancellation of homeowners insurance for an isolated incident

Senate Bill 188 – introduced 1/10/2024 Amended 1/25/2024
Mountain Homes Act – 
By Eric Junior Tarr, Vince Deeds, Chris Edward Phillips, Jeffries, Jack David Woodrum
affecting Uniform and Community Association Acts, Planned Community Bill of Rights, Condo, HOA, UCIOA)
by adding new codes §5B-2P-1 through  through §5B-2P-13

Senate Bill 541 – introduced 1/24/2024
By William Chandler Swope Sr., Mark Russell Maynard
Facilitating the creation of home-based businesses
by adding new codes §8-40-1 through §8-40-6

House Bill 4916 introduced 1/18/2024
By Wayne Michael Clark, Deborah L. Warner
Uniform Unlawful Restriction in Land Records Act
affecting the Amendment Process for Discriminatory Restrictive Covenants in Uniform and Community Association Acts (Bill of Rights, Condo, HOA, UCIOA)
by adding new code §36-3A-1 through §36-3A-9

Senate Bill 494 – introduced 1/18/2024
By Michael A. Oliverio II, Charles Samuel Trump IV
Uniform Unlawful Restriction in Land Records Act
affecting the Amendment Process for Discriminatory Restrictive Covenants in Uniform and Community Association Acts (Bill of Rights, Condo, HOA, UCIOA)
by adding new code §36-3A-1 through §36-3A-9

House Bill 4943 – introduced 1/19/2024
By Hornby and sponsors Chiarelli, Hardy, Cannon, Foster, Young, Smith, Hite, Foggin
Facilitating the creation of home-based businesses
by adding new codes §8-40-1 through §8-40-6

House Bill 4802 – introduced 1/16/2024
By Kump, sponsors Horst, Linville, Phillips, Ridenour, Mallow, Maynor, Foster, Marple, Heckert
by amending §16-13A-9 by prohibiting mandatory hook-ups and installation fees for new or expanding sewer systems.

Senate Bill 457 – introduced 1/16/2024
By Takubo, and sponsors Caputo, Deeds, Hamilton, Hunt, Rucker, Stover, Taylor, Woodrum, Woelfel
Prohibition of Unfair Real Estate Service Agreements Act, with definitions;  includes enforceability, what is a deceptive act, prohibits recording, creating the process of recording of a court order, provides for a right of recovery and explains the relationship to other laws.
by adding new code §37-16-1 through §37-16-8

House Bill 4194 – introduced 1/10/2024
By Pushkin
adding/amending  “sexual orientation” and “gender identity” to the categories covered by the Human Rights Act  and WV Fair Housing Act

2023

House Bill 3558 – Introduced 2/24/2023
(update: 2/27/2023 WV Record, the Bill is DEAD, pulled from the floor – may be re-introduced in 2024)
By Delegates Howell, Clark, Hornby, A. Hall, Kirby, Fehrenbacher and Petitto
by adding a new section 36B-1-203a that the act [UCIOA] will not apply
(2/25/2023 9AM) placed on the inactive calendar prior to the 2nd reading
WVOHOA: FlyerNews ArticleCAI Advocacy and our voter voices
(March 10, 2023)  Senate Concurrent Resolution 25
in response to failed HB 3558
By Senators Rucker, Azinger, Boley, Chapman, Deeds, Hunt, Karnes, Martin, Maynard, Roberts, Smith, Stuart, Swope, Taylor, and Weld (2023 Senate Roster)

 comment:    36B Concurrent Resolution 25
WV Legislators: developers complain of “complex, detailed, and strict requirements” that they “suffer chilling effects from 36B on their existing & potential projects & investments“. WVOHOA finds this resolution’s study excludes the homeowner.
WVOHOA members are interested in participating in this Resolution’s expected study by
sharing information & increasing knowledge.

 2023 West Virginia End of Session Report by Community Associations Institute (CAI)

House Bill 2751 (2023R2219) Introduced 1/18/ 2023
by Delegate Geoff Foster
to amend 31E Nonprofit Corporation Act  adding sections §31E-17-1, §31E-17-2, §31E-17-3, §31E-17-4, §31E-17-5, §31E-17-6 and §31E-17-7, all relating to creating the “West Virginia Volunteer Immunity and Charitable Organization Liability Limit Act”  providing a short title and declaration of intent; including definitions; providing for volunteer immunity from civil liability in certain circumstances; addressing limitations on organization liability; addressing exclusions and severability.

House Bill 2752 (2023R2630) Introduced 1/18/ 2023
by Delegates Henry Dillon, Brandon Steele,Mark  Ross and Geoff Foster
to amend 31E Nonprofit Corporation Act  by adding sections §31E-17-1701,  §31E-17-1702, and §31E-17-1703 relating to creating the “Non-Profit Transparency and Accountability Act” naming the act, putting forth legislative findings, requiring that all nonprofit organizations that receive any part of their total operating funds from public sources, whether state or federal, shall be subject to Freedom of Information Act requests and bear the responsibility to respond to these requests under the same requirements as a public body.

Senate Bill 201 (2023R1888) Introduced1/13/2023
by Senators Mike Oliverio, Ben Queen, Mike Caputo, Mark Hunt, and Patricia Rucker
to amend and reenact §11-6B-3 and §11-6B-7 all relating to increasing the Homestead Property Tax Exemption for homeowners from $20,000 to $40,000.

House Bill 2179 (2023R1389) Introduced 1/11/2023
by Delegate Phil Mallow
to amend and reenact §30-42-10 of the West Virginia Contractor Licensing Act  is to protect homeowners from unscrupulous contractors requiring a written contract between a licensed contractor and owner or lessee of residential property and information to be contained in the written contract.

Potential homeowner association related/proposed 2023 WV Bills:

SB 35 – Limiting DEP employees entering private lands for environmental purposes only
SB 71 – Relating to real property conveyed by land installment agreement
SB 190 – Allowing children and grandchildren of WV landowner to hunt and fish on private land without permit or license
SB 229 – Limiting liability of landowners when land is used for noncommercial recreational purposes
HB 2307 – To ensure false claims on property titles are not fault of landowner
HB 2365 – Creating a hunter access program for private landowners to enter an agreement with the state to allow hunters to use their property
HB 2574 – Relating to warrantless entry of private lands
HB 2575 – To expand recreational benefits to West Virginia Landowners to promote land ownership within the State, increase property value, bolster the State economy, and to provide additional benefits to West Virginia taxpayers

2022

House Bill 4623 (2022R2551) – Introduced 2/10/2022
by Delegates Phillips and Doyle
to amend 36B Uniform Common Interest Ownership Act by defining “electronic”; establishing requirements for the holding of meetings; and creating procedures for voting and proxy voting (also see WVOHOA Packet)

2021 

Creating Zombie Property Remediation Act of 2021
Senate Bill 42 – By  Woelfel, Weld, Stollings, Jeffries, Lindsay
[Passed March 18, 2021; in effect 90 days from passage on June 16, 2021]
WV Code §8-12-22 New Code for Municipalities and Real & Personal Property

Home Based Business Fairness Act – Introduced 2/13/21
House Bill 2373 – (2021R1017) By Delegates Howell, B. Ward, Paynter, Barrett, Martin, Phillips, Mandt, Statler, J. Pack, Graves and Pinson
includes:  deed restriction, covenant or agreement(s) that run with the land, any master deed, bylaw or other document applicable to a common interest ownership community

Relating to operating a home based business – Introduced 2/15/21
House Bill 2512 – (2021R1649) By Delegates Holstein, Wamsley, Pritt, Longanacre, Kimble and Keaton
includes: does not supersede … deed restriction, covenant, or agreement restricting the use of land; master deed, by-law, or other document applicable to a common interest ownership community

General Consumer Protection – Introduced 2/15/21
House Bill 2518 – (2021R2050) By Delegate Fast
relative to WV Code 46A includes:  allowing a home improvement transaction to be performed under an oral contract

2020

Uniform Real Property Electronic Recording Act
House Bill 2086 – By Delegate Storch
[Amended and again passed February 28, 2020; as a result of the objections of the Governor; in effect ninety days from passage.]

PENDING: Eliminating the liability of owners of active mine lands, abandoned mine lands, and active or inactive railway lines to any person who may enter upon those premises.
Introduced – Senate Bill 228 – Code Affected: §19-25-2a (New Code)
[Introduced January 9, 2020; referred to the Committee on the Judiciary]

WV House Bill 4832:  36B-3-120 Additional Requirements FAILED

WV House Bill 4529 ARTICLE 25. RESORT AREA DISTRICTS.
§7-25-22. Liens; recording notice of liens; priority; release of lien; notice to future property owners.
by Delegates Criss & Nelson –
Passed March 3, 2020; in effect ninety days from passage

2019

 WV Senate Bill 4 Effective July 1, 2019
By Senators Weld, Plymale, Clements, Takubo, Sypolt, Swope, Cline and Ihlenfeld , original sponsors [Originating in the Committee on Government]
… regulation that prohibits or limits rental of a property or regulates duration, frequency, or location of such rental … [think AirBNB]

2018

Federal – Public Law 111–203 Effective Immediately May 24, 2018
Dodd-Frank Wall Street Reform and Consumer Protection Act, Amended

WV Senate Bill 412 Passed March 6, 2018; in effect 90 days from passage
By Senator Trump, original sponsor
§7-1-3ff Authority of county commission to regulate unsafe or unsanitary structures and refuse on private land …

2017-2018 MANUAL House of Delegates and Senate – WV Legislature

2017

WV Senate Bill 563 Passed April 5, 2017; in effect 90 days from passage
Amendment to the Consumer Protection Act
§46 A- 2 – 105 Balloon Payments (Amended Code)
§46 A- 2 – 122 Definitions (Amended Code)
§46 A- 2 – 128 Unfair or unconscionable means (Amended Code)
§46 A- 2 – 140 Pleadings not to be the basis of a cause of action. (New Code)
§46 A- 5 – 101 Effect of violations on rights of parties; limitation of actions. (Amended Code)
§46 A- 5 – 102 Assertion of rights (Amended Code)
§46 A- 5 – 108 Right to cure (New Code)
§46 A- 8 – 101 Time of becoming operative; provisions for transition; enforce-ability of prior transactions; applicability and effective dates of amendments (Amended Code)
By Senator Trump, original sponsor
Introduced March 8, 2017

WV House Bill 2040 (2017R1201) 60 pages
The purpose of this bill is to update the Uniform Common Interest Ownership Act.
By Delegate Ferro
Introduced February 8, 2017
(WV HB 2040 annotated, highlighted for ease in reading

2016

Federal – Public Law – Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act   Effective October 14, 2016
Specifically:Code of Federal Regulation §100.7(a)(1)(iii)

Boards of directors are required to address members’ claims of harassment on the basis of race, color, religion, national origin, sex, familial status, and disability. This includes harassment by other residents, board members, managers, and vendors. The law requires that boards take prompt steps to investigate and end harassment

WV House Bill 2801 Passed March 8, 2016; in effect ninety days from passage.

By Delegates Rowe, Pushkin, Lynch, Guthrie and Byrd
Abolishing the adverse possession of land – permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas; and setting forth their additional powers and responsibilities.

  • §8‑12‑16d.  Additional powers and duties of municipalities; areas of special or unique interest.

 WV Senate Bill 614 Passed March 10, 2016; in effect 90 days from passage

by Senators Gaunch and Ashley, original sponsor

all relating to the Consumer Credit and Protection Act;  excluding obligation to make required payments to property owners’ or homeowners’ association from provisions of the Consumer Credit and Protection Act; clarifying conduct for unconscionable inducement; and providing limits on charges a secured lender may recover from a consumer borrower upon default.

 WV Senate Bill 54  Passed March 11, 2016; in effect 90 days from passage
by Senator Sypolt
Exemption for dues, fees and assessments paid to a homeowners’ association by a member; taxable expenses of homeowners’ association; definitions.

  • WV SB 255 1/13/2016
    by Senator Trump
    Permitting creditor to collect and recover from consumer creditor’s reasonable expenses 
  • WV HB 2517 1/13/2016 (2015 Carryover)
    by Delegates Ferro, Walters, Perry, Fluharty, Storch, P. Smith, Longstreth, Trecost, Sponaugle and Reynolds
    Updating the Uniform Common Interest Ownership Act 36B
  • WV HB 4231 1/22/2016
    by Delegate Skinner
    Uniform Common Interest Ownership Act 36B
  • WV HB 2839  Carryover from 2015
    by Delegates Morgan, Walters, Arvon, Zatezalo, Border and Howell
    eliminating late fees charged by the Secretary of State (for annual reports) 
  • WV HB 2609 1/13/2016 reintroduced
    by Delegates Faircloth, Blair, Folk, Householder and Butler
    Prohibiting railroads from blocking crossings on privately owned streets [point-in-fact Sylvan Grove HOA]
  • WV HB 2891 1/13/2016 includes history and unique amendments and an addition 
    by LEAD SPONSOR: Walters, SPONSORS: Evans, A., Storch
    Making the West Virginia Consumer Credit and Protection Act more consistent with the federal Fair Debt Collection Practices Act 

2015

  • WV HB 2839 2/20/2015
    by Delegates Morgan, Walters, Arvon, Zatezalo, Border and Howell
    eliminating late fees charged by the Secretary of State (for annual reports) 
  • WV HB 2609 2/4/2015
    by Delegates Faircloth, Blair, Folk and Householder
    prohibit railroads from blocking crossings on privately owned streets
      [point-in-fact Sylvan Grove HOA]
  • WV SB 388 2/2/2015
    LEAD SPONSOR:  Sypolt

    SPONSORS: Beach, Blair, M. Hall, Kessler, Leonhardt, Prezioso, Snyder, Trump, Unger, Williams, Stollings, Nohe
    Changing remittance procedure for sales and use taxes on homeowners’ dues, fees and assessments 
  • WV HB 2517 1/30/2015
    by Delegates Ferro, Walters, Perry, Fluharty, Storch, P. Smith, Longstreth, Trecost, Sponaugle and Reynolds
    Amending the Uniform Common Interest Ownership Act – based upon the Uniform Law Commission’s model Filed for Introduction
  • WV HB 2430 1/27/2015
    by Delegate Skinner
    Amending the Uniform Common Interest Ownership Act – based upon the Uniform Law Commission’s modelFiled for Introduction
  • WV HB 2060 1/15/2015
    by Delegate Caputo
    Adding a new section: relating to making the theft of a traffic sign or traffic signal a misdemeanor; establishing criminal penalties; and requiring restitution.

2014

  • WV 2014 West Virginia Government Ethics Act
    Chapter 6B. Public officers and employees, ethics, conflicts of interest, financial disclosure

    While homeowner associations, planned developments, etc., have nowhere to request information it is relevant that homeowners are aware of the act in that it is specific to: §6B-1-2(e) It is the intent of the Legislature that in its operations the West Virginia ethics commission created under this chaptershall protect to the fullest extent possible the rights of individuals affected.”
  • WV SB-502 was introduced in the WV Senate 2/6/2014
     by Senator Snyder

    Updating the Uniform Common Interest Ownership Act – based upon the Uniform Law Commission’s model UCIOA amendments of 2008 Filed for Introduction
  • WV 2012 Senate Concurrent Resolution 38

    by Senators Snyder and Klempa

    Requesting the Joint Committee on the Judiciary to study whether the State of West Virginia should revise its current Uniform Common Interest Ownership Act. Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
  • WV Senate Bill No. 611

    By Senators Snyder, Kirkendoll, Tucker, Chafin, Palumbo, Wells, Nohe and Sypolt

    Introduced March 22, 2013; referred to the Committee on the Judiciary

    to update 36B Uniform Common Interest Ownership Act
  • WV House Bill No. 3101 

    By Delegates Ferro, Reynolds, Storch and Walters Introduced March 25, 2013; referred to the Committee on the Judiciary 

    to update 36B Uniform Common Interest Ownership Act

    Filed for Introduction: 1/9/2014 Filed for introduction: 2/13/2014
  • WV House Bill 4499 Real Property Contracts, Updating the Uniform Common Interest Ownership Act – Chapters Affected
    introduced 2.13.2014 sponsored by Delegates Skinner, Lawrence & Barrett – Filed for introduction: 2.13.2014

2013

  •  WV House Bill 2600 Passed April 13, 2013; in effect ninety days from passage

    §7-25-6. Notice to property owners before creation or expansion of resort area district; form of notice; affidavit of publication.

    ATTENTION HOAs: (g) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail such notice to all owners of real property proposed to be included within such resort area district using the real property tax records and land books of the county in which such proposed district is located and any lists maintained by a resort operator or homeowners association within such proposed district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a proposed district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such notices.
  • WV Senate Bill 55 – Introduced
  • Senate Bill 55 SUB1   [SUB1 version is the “Committee Substitute” which replaces the “Introduced” version – it may be changed again, and again through the process]

    exempting homeowners’ association dues, fees and assessments from consumers sales and service tax.
  • WV Senate Bill 611 (2013R2882SI) 93 pages
    The purpose of this bill is to update the Uniform Common Interest Ownership Act.
    By Senators Snyder, Kirkendoll, Tucker, Chafin, Palumbo, Wells, Nohe and Sypolt
    Introduced March 22, 2013; referred to the Committee on the Judiciary
  • WV House Bill 3101 (2013R2882HI) 95 pages
    The purpose of this bill is to update the Uniform Common Interest Ownership Act.
    By Delegates Ferro, Reynolds, Storch and Walters
    Introduced March 25, 2013; referred to the Committee on the Judiciary

2011

  • WV Senate Bill 569 by Senator Herb Snyder – Increasing maximum homeowners’ associations’ fees; exception for certain expense liability planned communities – §36B-1-203. Applicability to new common interest communities. — Exception for small and limited expense liability planned communities.

2005

  • West Virginia Legislative Journal – highlighted relative to Uniform Law Commissioners, Uniform Common Interest Ownership Act: Judge Frederick P. Stamp – Richard E. Ford – Vincent P. Cardi – John L. McClaugherty

2002

  • WV SB 477

    By Senators Love, Minard, Hunter and Mitchell

    allowing a supplemental assessment on personal property when personal property has been omitted from the record books; allowing a tax exemption for streets or rights-of-way when conveyed to a homeowner’s association and dedicated for public use; extending date for claiming a homestead exemption to December from October, allowing the assessor to extend the deadline for claiming a homestead exemption in certain situations and extending the date for denying an exemption from January to November; and changing the time limitation for reviewing and determining an appeal after receiving notice of the appeal.

 

2001

  • WV SB 204 Passed April 14, 2001 in effect 90 days from passage

    By Senators Snyder, Fanning, McCabe, Oliverio, Ross and Minard, then Ferrell

    Electronic commerce and the UNIFORM ELECTRONIC TRANSACTION ACT;
    defining terms; adopting the uniform electronic transaction act; providing that the act applies to electronic records and electronic signatures relating to transactions covered by the act; creating exemptions; providing that the act does not create or alter substantive law; applying the act . . .

Reference: 36A & 36B

1963 Vol. 1 Acts of the Legislature Chapter 153, pages 712 thru 727
House Bill No.147 – By Mr. White
[Passed March 7, 1963; In effect ninety days from passage. Approved the the Governor.)
by adding a new chapter: 36A Condominiums and Unit Property
Article
1. Preliminary Provisions.
2. General Provisions.
3. Administrative Provisions.
4. Declarations, Conveyances, Mortgages and Leases.
5. Recording.
6. Removal of Property from the Provisions of Chapter; Resubmission.
7. Assessments, Taxtaion and Liens.
8. Miscellaneous.

1980 Vol. 1 Acts of the Legislature Chapter 129, pages 654 thru 713
Com. Sub. for H.B. 788 – By Mr. Christian and Mr. Greer
[Passed February 6, 1980; in effect July I, 1980. Approved by the Governor.]
adding a new chapter, designated chapter thirty-six-b, relating to the enactment of the uniform condominium act
CHAPTER 36B. UNIFORM CONDOMINIUM ACT.
36B-1-102 APPLICABILITY. This chapter applies to all condominiums created within this state after the effective date of this chapter … Provided, That the provisions of this chapter shall not modify, limit, or nullify any rights, duties, or obligations created or existing under any declaration, by laws, or plats or plans, of condominiums created in this state before the effective date of this chapter.
Article
1. General Provisions.
2. Creation, Alterations and Termination of Condominiums.
3. Management of the Condominium.
4. Protection of Purchasers.

1984 Vol. 1 Acts of the Legislature Chapter 38, pages 238 thru 302
S.B. 171 – By Senator Palumbo and Senator Harman
[Passed March 7, 1984; in effect ninety days from passage. Approved by the Governor.]
amend and reenact chapter thirty-six-b of the code, as amended, relating to the uniform condominium act
CHAPTER 36B. UNIFORM CONDOMINIUM ACT.
Article
1. General Provisions.
2. Creation, Alterations and Termination of Condominiums.
3. Management of Condominium.
4. Protection of Condominium Purchasers.

1986 Vol. I Acts of the Legislature Chapter 164, pages 1136 thru 1207
S.B. 102 – By Senators Sharpe, Cook, Palumbo, Colombo, Fanning, Burdette and Shaw
[Passed March 8, 1986; in effect July 1, 1986. Approved by the Governor.]
Chapter 36B Uniform Common Interest Ownership Act
Article.
1. General Provisions.
2. Creation, Alteration and Termination of Common Interest Communities.
3. Management of the Common Interest Community.
4. Protection of Purchasers.

1994 Vol. II Acts of the Legislature Chapter 176, pages 2154 thru 2160
H.B. 4308 – By Delegates Manuel, Vest and Doyle
[Passed March 12, 1994; in effect ninety days from passage. Approved by the Governor.]
That section two hundred three, article one, chapter thirtysix-b (36B-1-203) of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted …
ARTICLE 1. GENERAL PROVISIONS.
36B-1-203(2) increasing maximum annual assessment (from $100 to $300); and
that sections one hundred one, one hundred three and one hundred eight, article four of said chapter (36B-4-101, 103, and 108) be amended and reenacted …
ARTICLE 4. PROTECTION OF PURCHASERS.
36B-4-101(7) increasing maximum annual assessment (from $300 to $500);
36B-4-101(7)(ii) providing for amendments to declaration by a majority of unit owners rather than by unanimous consent; 
36B-4-103 (11)(ii) modifying exemptions for making public offerings; and imposing a three-year statute of limitation on claims for damages.
36B-4-108(a) & (c) requiring a showing of actual damages by a purchaser who did not receive public offering;

2011 Vol. I Acts of the Legislature Chapter 28, pages 340, 341, 342
S.B. 376 – By Senator Beach
[Passed March 12, 2011; in effect ninety days from passage.]
[Approved by the Governor on March 31, 2011.]
AN ACT to amend and reenact §36B-3-102 of the Code of West Virginia, 1931, as amended, relating to permitting unit owners’ associations to institute legal action against a unit owner to collect dues or assessments that are overdue or in arrears to the association.