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.
Several key laws regarding HOAs in our state are:
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
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
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.
- §46A-2-115. Limitation on default charges.
- §46A-2-121. Unconscionability; inducement by unconscionable conduct.
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
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 modelFiled 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
2012
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.
2010
2009
2008
2007
2006
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
2004
2003
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
2000