Fines & PenaltiesWV
Fighting an HOA Fine in West Virginia
By The HOARebel Team · May 29, 2026 · 2 min read
A fine from a West Virginia association can feel non-negotiable, but the statute that governs the fine power builds in real procedure. Under the Uniform Common Interest Ownership Act, W. Va. Code Ch. 36B, the board's authority to fine is conditioned on notice, a hearing, and reasonableness. For your specific situation, a licensed West Virginia attorney is the right resource. This is general information, not legal advice.
The fine power and its conditions (§36B-3-102)
Section 36B-3-102 lists the association's powers. The fine power is in subsection (a)(11):
"Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules, and regulations of the association." — W. Va. Code §36B-3-102(a)(11)
Two limits sit right in that sentence. A fine must be reasonable, and it must be preceded by notice and an opportunity to be heard. A penalty out of proportion to the alleged violation, or one imposed with no notice and no hearing, is exactly the kind of thing a homeowner or attorney examines first.
This applies even to older communities
The fine procedure isn't only for newer communities. Under §36B-1-204, the parts of §36B-3-102 that include the fine power apply to preexisting communities too, for violations occurring after the Act took effect. See Which West Virginia Laws Govern Your HOA?.
The declaration and rules still matter
The statute sets the floor; the declaration, bylaws, and adopted rules supply the detail — including any fine schedule and the hearing procedure. An association that ignores its own stated process has a separate problem on top of the statute. People challenging a fine commonly request the adopted rule and the fine schedule in writing.
Selective enforcement
Even a valid rule can fail in the way it's applied. When an association enforces a restriction against one owner while ignoring identical conduct elsewhere, that uneven enforcement can raise a selective enforcement problem. Owners commonly document neighbors with the same condition who were never cited — photos, dates, and addresses.
Why fines are higher-stakes here
In West Virginia the assessment lien can secure unpaid fines, not just assessments (§36B-3-116). That makes an improper fine worth challenging promptly — see Can a West Virginia HOA Foreclose Over Dues? — and a records request can reach the rule, the minutes, and the notice the association sent.
Where this can go
If a fine cannot be resolved with the board, the avenues include the association's records, the courts, and a licensed West Virginia attorney to evaluate whether a particular fine is authorized, reasonable, and properly imposed.
Sources
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what West Virginia's law requires before an association can fine you — free, with the statute quoted for each step.