HOA Laws in West Virginia

Homeowners associations in West Virginia are governed by the West Virginia Uniform Common Interest Ownership Act, W. Va. Code Chapter 36B. It is a comprehensive uniform statute governing condominiums, cooperatives, and planned communities. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

Chapter 36B sets extensive rules for West Virginia associations, covering creation, meetings, records, budgets, reserves, and assessments, alongside your recorded documents. Most West Virginia HOAs are also incorporated as nonprofit corporations, so Chapter 31E governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and open-meeting rules

Board meetings are generally open to members with notice, with limited matters allowed in closed session. Notice and procedures follow the statute and your bylaws.

Elections and voting

Directors are elected by the members as provided by the Act and the governing documents, with notice, quorum, proxy, and ballot procedures set by those rules.

Records access and owner inspection

Owners have the right to inspect and copy association records under the Act, subject to reasonable rules and limited exceptions for protected information.

Budgets and reserves

The board adopts a budget and distributes it to owners, and it generally takes effect unless rejected by the required member vote. The Act also addresses reserves, so boards should budget for and fund reserves for major repairs.

Assessments, liens, and foreclosure

Associations may levy assessments and record a lien for unpaid amounts, which carries a limited priority, and may pursue foreclosure subject to statutory procedure. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

Associations may adopt and enforce rules and impose reasonable charges for violations, subject to notice and an opportunity to be heard as provided by the Act and the documents.

Owner protections on common restrictions

West Virginia addresses certain owner rights, including the display of the United States flag, and the recorded restrictions otherwise control. Review the specific statute and your documents before denying a related request.

Where to get official help

The West Virginia Uniform Common Interest Ownership Act appears in Chapter 36B of the West Virginia Code. For a specific situation, consult a West Virginia attorney experienced in community association law.