Question:
A large segment of the HOA owners wishes to dissolve the HOA and be separate lots. HOA maintained roads and one bridge. Is there a procedure for shutting down a HOA? Is there a process for dividing the roads maintenance bridge maintenance up among the lots?
– Edward
Answer:
The West Virginia Uniform Common Interest Ownership Act Section 36B-2-118 outlines the requirements and procedures for terminating a common interest community. It requires a vote of at least 80 percent or higher if the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. The section continues to lay down other stipulations for termination.
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