West Virginia HOA Laws and Regulations
Know your association’s laws
Know your association’s laws
Homeowners’ associations in WV are regulated by the Uniform Common Interest Community Act. This act covers both HOAs and condominium associations. It also requires that all common interest communities be registered as nonprofit corporations and must adhere to the West Virginia Nonprofit Corporation Act as well.
To start a common interest community, the declarant or the initial board of directors must draft and adopt a declaration that outlines the rules and regulations set forth by the association. This will be the primary governing document for the HOA. It must also include a detailed description of the property and each unit along with a map, otherwise called a plat. The declaration must be filed in the office(s) of each county in which the community is located to be valid.
The HOA is responsible for providing maintenance to common elements within the community. To raise a budget for the cost of maintenance, the association has the power to collect regular assessments from homeowners. The amount of the assessments will be based on the annual budget.
If an account becomes delinquent, the homeowners’ association may place liens on property to collect overdue assessments. In extreme cases, the property may even be foreclosed upon despite on-time mortgage payments.
The executive board is responsible for keeping detailed association records including minutes of all meetings, accounting records, a record of all members including names, addresses, and allocation of votes. Association members have the right to view records upon request.
Property and liability insurance must be maintained on common property within the community. Property insurance must cover at least 80% of the property’s cash value. Other insurance may be required by the declaration. The cost of insurance is considered a common expense and should be included in the regular assessments collected from homeowners.
Homeowners have the right to participate in elections of the executive board and to vote on adopting proposed budgets and amendments to the declaration. Voting takes place during member meetings which are to be held annually, if not more frequently as described by the community declaration. Special meetings may be called at any time by the association president, a majority of the executive board, or by a 20% vote from homeowners. The executive board must provide notice of all meetings at least 10 days, but no more than 60 days before the meeting is scheduled to take place.
Amendments to the declaration are adopted during member meetings with a 67% vote from homeowners. A lesser amount may be required by the declaration. Amendments must be recorded in the county, or counties, in which the community is located to become valid.
If desired, a common interest community can be terminated with an 80% vote from association members. A larger percentage may be required by the declaration.
A public offering statement, describing the HOA rules and regulations, must be provided to potential homeowners purchasing property in a common interest community. The statement must be given to the buyer at least 15 days before the signing of the contract in which time they have the right to cancel the contract if they so choose.