West Virginia HOA Laws

Like many states, West Virginia has some statutes that apply specifically to homeowners associations and condominiums. Find out what these West Virginia HOA laws are below.

 

For Common Interest Communities

The West Virginia Uniform Common Interest Ownership Act controls the creation, authority, management, and operation of common interest communities formed after July 1, 1986. This includes planned communities, condominiums, and real estate cooperatives.

You can find the West Virginia Uniform Common Interest Ownership Act under Chapter 36B of the West Virginia Code. It consists of four articles, each one divided further into sections.

Article 1. General Provisions.

Article 2. Creation, Alteration And Termination Of Common Interest Communities.

Article 3. Management Of The Common Interest Community.

Article 4. Protection Of Purchasers.

 

For Condominiums

The West Virginia Unit Property Act regulates the creation, operation, management, and powers of condominium associations that expressly opt to be governed by this Act. This is done by recording a declaration under the provisions of this Act in the county’s recording office where the condominium is located.

You can find the West Virginia Property Act under Chapter 36A of the West Virginia Code. It consists of eight articles, each one broken down further into sections.

Article 1. Preliminary Provisions.

Article 2. General Provisions.

Article 3. Administrative Provisions.

Article 4. Declarations, Conveyances, Mortgages And Leases.

Article 5. Recording.

Article 6. Removal Of Property From Provisions Of Chapter; Resubmission.

Article 7. Assessments, Taxation And Liens.

Article 8. Miscellaneous.

 

West Virginia HOA Laws on Corporate Governance

The West Virginia Nonprofit Corporation Act applies to all non-profit corporations in the state. It regulates the corporate structure, management, and procedure of homeowners associations and condominiums that establish themselves as non-profit corporations, which is usually the case in West Virginia.

You can find the West Virginia Nonprofit Corporation Act under Chapter 31E of the West Virginia Code. It contains 16 articles, namely:

 

West Virginia HOA Laws on Solar Energy Devices

According to Section 36-4-19 of the West Virginia Code, homeowners associations may not forbid homeowners from installing or using a solar energy system (like solar panels). Any provisions prohibiting or restricting the use or installation of such systems are deemed void and unenforceable.

 

West Virginia HOA Laws on Fair Debt Collection

The West Virginia Consumer Credit and Protection Act is one of the HOA laws of West Virginia that protects homeowners from unfair debt collection practices. It is, in many ways, similar to the federal Fair Debt Collection Practices Act. Under this Act, debt collectors may not use any misleading, abusive, or unfair tactics when attempting to collect a debt. Victims can sue the debt collector for violating the Act or file a complaint with the Federal Trade Commission or the Consumer Financial Protection Bureau.

 

Fair Housing

The West Virginia Fair Housing Act prohibits housing discrimination based on sex, religion, ancestry, national origin, race, color, blindness, disability, or familial status. It also protects persons who need service animals or reasonable accommodations.

The Act was modeled after the federal Fair Housing Act, offering similar protections but on a state level. Victims of housing discrimination can file a private lawsuit in state or federal court. They may also lodge a complaint with the U.S. Department of Housing and Urban Development or the West Virginia Human Rights Commission.

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