Which West Virginia Laws Govern Your HOA?

West Virginia is more straightforward than many states: instead of a patchwork of condo and HOA statutes, it adopted one comprehensive law. Knowing how it applies to your community — and which parts reach older communities — is the foundation for everything else. For your specific situation, a licensed West Virginia attorney is the right resource. This is general information, not legal advice.

Does West Virginia have an HOA law?

Yes. West Virginia's main community-association statute is the Uniform Common Interest Ownership Act (UCIOA), W. Va. Code ch. 36B. It governs condominiums, cooperatives, and planned communities (HOAs) under a single framework and sets out board powers, owner rights, records, meetings, assessments, and the lien, though older and very small communities are covered only in part.

That single framework is a contrast with states that scatter the rules across separate condo and HOA acts. The governing documents and, for an incorporated association, nonprofit law still sit alongside it.

Does West Virginia's HOA law apply to older communities?

Partly. Under W. Va. Code §36B-1-204, a defined set of UCIOA provisions applies to preexisting communities for later events without invalidating existing declarations, including records (§36B-3-118), the lien (§36B-3-116) and parts of §36B-3-102, such as the fine procedure. Preexisting planned communities and cooperatives of twelve or fewer units without development rights are largely excluded unless they opt in (§36B-1-205.

Communities created after the Act's effective date are generally fully covered, apart from the small and limited-expense planned communities described below (§36B-1-203). The provisions that §36B-1-204 extends to older, preexisting communities include:

• §36B-3-118 — association records
• §36B-3-116 — the assessment lien
• Parts of §36B-3-102 — board powers, including the fine procedure in subsection (a)(11)

So even an older West Virginia HOA is not entirely outside the statute.

Does West Virginia's HOA law apply to small HOAs?

Partly. Under W. Va. Code §36B-1-203, a planned community with no more than twelve units and no development rights, or whose declaration caps average annual common-expense liability at $300 (as adjusted), is subject only to a handful of sections unless the declaration makes the entire chapter applicable, so the full records, meeting, fine and lien rules may not apply.

There is an important exception that can pull a community largely back out of Chapter 36B. Under §36B-1-203, a planned community that "[c]ontains no more than twelve units and is not subject to any development rights," or one whose declaration provides that the average annual common-expense liability of residential units "may not exceed $300" (as adjusted under §36B-1-114), is subject only to a handful of sections — §1-105 (separate titles and taxation), §1-106 (local ordinances and building codes), and §1-107 (eminent domain) — "unless the declaration provides that this entire chapter is applicable." The heading of §36B-1-203 calls these small and limited expense liability planned communities. A parallel rule in §36B-1-205 covers small cooperatives and planned communities created before the Act (no more than twelve units, no development rights): they are subject only to the same few sections unless the declaration is amended to opt in, in which case the §36B-1-204 list applies. So a homeowner in a very small or low-budget HOA cannot assume the full records, meeting, fine, and lien rules apply — whether they do is a fact-specific question for a licensed West Virginia attorney.

The entity layer

Most West Virginia associations are incorporated as nonprofits under the West Virginia Nonprofit Corporation Act (W. Va. Code Ch. 31E). That layer governs corporate housekeeping — board elections, member voting, and corporate records — and operates alongside Chapter 36B.

Federal law

Federal protections apply on top: the Fair Housing Act (disability accommodations, familial status), the ADA, the Servicemembers Civil Relief Act, OTARD (satellite antennas), and the Freedom to Display the American Flag Act.

The full West Virginia stack

1. The governing documents — the recorded declaration, bylaws, and rules.
2. The property statute — UCIOA (Ch. 36B), fully for newer communities and in defined part for older ones.
3. The entity law — the Nonprofit Corporation Act (Ch. 31E) if incorporated.
4. Federal law — FHA, ADA, SCRA, OTARD, Flag Act.

Because the right combination still depends on your community's age and documents, a licensed West Virginia attorney is the foundation for any specific question — from records to fines to the assessment lien.

Sources

• W. Va. Code ch. 36B — Uniform Common Interest Ownership Act
• W. Va. Code §36B-1-204 — Applicability to preexisting common interest communities
• W. Va. Code §36B-1-203 — Exception for small and limited expense liability planned communities
• W. Va. Code §36B-1-205 — Exception for small preexisting cooperatives and planned communities
• W. Va. Code §36B-3-102 — Powers of unit owners' association
• W. Va. Code §36B-3-118 — Association records