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 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 Business and Occupation Tax effective July 7, 2005 exempting from tax gross income received by nonprofit homeowners associations |
| §17-12A. 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 |
| §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| §31.CORPORATIONS repealed 2002 and replaced with §31E: §31E.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 Members Meetings and Voting (remote communication) effective March 1, 2020 §31E-15-1501. 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. WV Consumer Credit Protection Act §46A-1-105(3). Exclusions.[HOA] effective June 8, 2016 |
| TSD-435 WV Sales Tax – Explanation Short-Term Leases & Rentals of Real Property 2019 |
 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
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
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: Flyer – News Article – CAI 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.
- §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 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 . . .
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.