Homeowner associations in West Virginia maintain the desire to follow the laws, learn the procedures and insist on oversight. While WVOHOA attempts to be diligent in tracking related laws, amendments to those laws and alert their homeowner association membership of updates, the following information is not a definitive resource for relative passage. Several key laws regarding HOAs in our state are: §36-4-19. SOLAR ENERGY COVENANTS UNENFORCEABLE; PENALTY §8A. LAND USE PLANNING §31D. WEST VIRGINIA BUSINESS CORPORATION ACT includes: §31D-8-801 Standards of and Requirements for Board of Directors §31E. WEST VIRGINIA NONPROFIT CORPORATION ACT §31E-15-1501. Inspection (and copying) of records by members §36A. CONDOMINIUMS AND UNIT PROPERTY ACT effective 1980 §36B. UNIFORM COMMON INTEREST OWNERSHIP ACT effective July 1, 1986 §38. LIENS. and ARTICLE 4. EXECUTIONS. WV Sheriff’s Liens, Writs §46A. WV Consumer Credit Protection Act §46A-1-105(3). Exclusions.[HOA] effective June 8, 2016 Federal IRS Code 528 Explanation HOA Tax Exemption WVOHOA (EPOHOA) Tutorial – Tracking WV Bills TIP 1: 2008 Amendments to Uniform Common Interest Ownership Act Annotated TIP 2: 2014 Amendments to Uniform Common Interest Ownership Act Annotated NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES Tip 3: COMPARISON: WV Code §36B, 2008 UCIOA and the UCIO’s Bill of Rights WHAT’S BEEN HAPPENING FOR HOAs IN OUR WV LEGISLATURE & relative Federal Law – not a definitive resource 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 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; enforceability 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. §11-15-9o. 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 chapter shall 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
