Rules & EnforcementWV
When Is a West Virginia HOA Rule Unenforceable?
By The HOARebel Team · May 29, 2026 · 2 min read · Updated June 2, 2026
A board can announce a rule, but announcing it is not the same as being able to enforce it. In West Virginia, the Uniform Common Interest Ownership Act (W. Va. Code Ch. 36B) and the recorded documents set several hurdles a rule has to clear before it binds a homeowner. For your specific situation, a licensed West Virginia attorney is the right resource. This is general information, not legal advice.
Where the rulemaking power comes from
Under Chapter 36B, the executive board's powers — including rulemaking and the power to levy reasonable fines — come from §36B-3-102 and must be exercised consistent with the declaration and bylaws. A purported rule the board never validly adopted, or one that exceeds the authority in the declaration, stands on weaker ground.
Common reasons a rule may not be enforceable
Homeowners and attorneys often examine whether:
- The rule was properly adopted. Boards generally must follow the rulemaking procedure in the bylaws and the Act. A rule announced informally may not have been validly enacted.
- The rule is consistent with the declaration. A rule cannot contradict the recorded declaration; where they conflict, the declaration generally controls.
- The rule (and any fine attached) is reasonable. Section 36B-3-102(a)(11) ties the fine power to reasonableness and to notice and an opportunity to be heard.
- The rule collides with higher law. Federal law — the Fair Housing Act (disability accommodations, familial status), the ADA, the Servicemembers Civil Relief Act, OTARD (satellite antennas), or the Freedom to Display the American Flag Act — can override a conflicting HOA rule. West Virginia adds a state-law override for solar: under §36-4-19, "[a]ny covenant, restriction or condition contained in any … governing document of a housing association" entered or recorded after the section took effect that "effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable," subject to limited exceptions (for example, common areas, and reasonable restrictions tied to historic or architectural significance).
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.
Start with the actual documents
Because the Act leaves much to the declaration and bylaws, the first step when a rule seems questionable is reading the recorded documents and the adopted rule together. A records request under §36B-3-118 can reach the adopted rules, the minutes showing how (or whether) a rule was passed, and any fine schedule. If a fine is attached, see also Fighting an HOA Fine in West Virginia.
Where to turn
When a homeowner believes a rule is invalid or is being enforced unevenly, the avenues include raising it with the board in writing, the courts, and a licensed West Virginia attorney to evaluate whether a specific rule is enforceable against a specific owner.