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.

One statute: the Uniform Common Interest Ownership Act

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 — a contrast with states that scatter the rules across separate condo and HOA acts. It sets out board powers, owner rights, records, meetings, assessments, and the lien.

New communities and older ones

Communities created on or after the Act's effective date are fully covered. But West Virginia did something owner-friendly: under §36B-1-204, a defined set of provisions applies to preexisting communities as well — for events occurring after the Act took effect, and without invalidating their existing declarations. The provisions that reach older 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.

The small-community exception

There is an important exception that can pull a community largely back out of Chapter 36B. Under §36B-1-203, a planned community that "contains 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 Act calls this a limited expense liability planned community (defined in §36B-1-103). 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 §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-1-103 — Definitions
• W. Va. Code §36B-3-102 — Powers of unit owners' association
• W. Va. Code §36B-3-118 — Association records