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Free tool · West Virginia

Is my HOA fine valid in West Virginia?

In West Virginia, UCIOA conditions the fine power on notice, a hearing, and reasonableness — and that procedure applies even to communities that predate the Act, for violations occurring after it took effect.

This is general information, not legal advice, and it does not decide whether your fine is valid. For your specific situation, a licensed West Virginia attorney is the right resource.

Check your notice

Answer a few questions about the West Virginia fine or violation notice you received, and see how it compares to what the law requires.

Question 1

1.Did the association give you notice and an opportunity to be heard before levying the fine?

Question 2

2.Is the fine out of proportion to the violation, or not tied to the declaration, bylaws, or rules?

Answer all questions to see your result.

What West Virginia law requires before an HOA can fine you

Governing framework: West Virginia Uniform Common Interest Ownership Act (W. Va. Code Ch. 36B).

UCIOA lets an association, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules.

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)

Statute: W. Va. Code § 36B-3-102(a)(11)

The statute authorizes only reasonable fines, tied to a violation of the declaration, bylaws, or rules.

Statute: W. Va. Code § 36B-3-102(a)(11)

Go deeper on West Virginia HOA law

Sources

Not legal advice.This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.