The Organization has grown substantially, you will see our previous names: JCOHOA and EPOHOA. We are updating our information to include our 2019 new name: West Virginia Organization of Homeowners Associations, Inc.
WVOHOA will continue an overall mission and engage in program goals that support us. In the long term the emphasis is on how well the Organization itself fulfills its mission; in the short term, the Organization has a set of program goals that show how well we perform in the best interests of our Members.
Both long & short term goals are critical in motivating homeowner associations, educators, sponsors and our legislators by continuing to share information and increase our overall knowledge.
LONG TERM GOALS:
- Proposed legislation, e.g. oversight, disclosure, enforcement, education, advocacy, mediation, representation, etc.
- National Representation by becoming the first West Virginia Chapter of Community Associations Institute (CAI). The minimum requirement of CAI is 50 individual members from one state to qualify as a Chapter.
- Property taxes and tax appeals including foreclosures.
- Common Area property: roads, storm water management, flood planes, etc.
- Law Enforcement
- Governing Documents: for example WV Code Chapter 36B – Uniform Common Interest Ownership Act (UCIOA) and WV Code Chapetr 31E NonProfit Corporation Act.
- Covenants – restrictions that run with the land.
- Insurance & Liability – fiduciary responsibilities for HOA Boards & Officers, community volunteers and homeowners.
- Sales and service tax – HOAs and their Common Area, e.g. amenities
WEST VIRGINIA
PASSED Senate Bill 54 effective June 2016
§11-15-9o, relating generally to exempting certain dues, fees and assessments from the consumer sales and service tax; and defining certain terms.
PASSED House Bill 614 effective June 2016
Clarifies HOAs can use a fine method in obtaining delinquent annual assessments. They are NOT a debt collector as defined in the Consumer Protection Act. Unique to HOA governing documents edicts
Amended 2019 §46A-2-115 and §46A-2-121 relating to the Consumer Credit and Protection Act
PASSED House Bill 2801 effective June 2016
A county commission may designate areas of special or unique interest, with sites, buildings and structures within those areas, which are of local, regional, statewide or national significance. An area that has been so designated does not limit the use of nor require any alteration of any privately owned property in the area for any purpose.
A new section, designated §7‑1‑3pp; and that code be amended by adding a new section, §8‑12‑16d
SHORT TERM GOALS – aka our to-do lists:
- Membership to Community Association Institute (CAI), the first step for individuals, homeowner association boards of directors and importantly, the Organization’s Board of Directors.
CAI MEMBERSHIP:
EPOHOA > WVOHOA Board of Directors effective 2015 and ongoing
- Common Property Taxes – State – County
- Tax Returns – Federal
Let’s get the bad news out of the way first: You cannot deduct your association assessment. Although they’re used like taxes, assessments aren’t taxes. They’re the required payment for common area maintenance (amenities) enjoyed by all residents of the association—utilities and snow plowing, for example.
- ATV issues also see individual County Ordinances
§17F-1. Local government authority to regulate. (2) Homeowner associations may petition their county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association. County commissions are hereby authorized, upon receipt of a petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.
- Resurrecting an HOA that has been revoked by the WV Secretary of State
WVOHOA provides known information through the Secretary of State and additionally general Q&A information is also available at:
How to reinstate a Revoked West Virginia Corporation:
http://www.northwestregisteredagent.com/reinstate-revive-west-virginia-corporation.html
- Rt. 340 South to Virginia state line at Berryville and Route 7
Public Information Workshop/Hearing – June 3, 2013 – attended
Comments Due – July 3, 2013 – September 30, 2016 fullfilled
Supplemental Draft Environmental Impact Statement (SDEIS) – Approval 2014
SDEIS Public Meeting/Hearing – 2013, 2014, 2016 – attended
Draft Final Environmental Impact Statement Approval – 2016
Record of Decision Approval – 2015
Final Design – 2016 preferred Alternate 4A announced by DOH
Begin Right-of-Way – 2016 Construction Start Date – 2018
- Jefferson County Fair EPOHOA Exposure – completed 2013
- Candidate Forums for 2012 General Election – completed
- EPOHOA database – always in process
- Tolling Subdivisions relative to builders & County officials
- EPOHOA Year End Workshops – completed
- Process Analysis of Establishing an HOA – ongoing
- Subdivision Approval/Covenants- ongoing
- Planning Commission Coordination- ongoing
- Jefferson County Emergency Services Coordination Plan – completed 2014
- Chesapeake Bay WIP (Region IX) – completed 2014, 2015