West Virginia HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of West Virginia HOA Law Changes 2021–2025</h2>

<p>West Virginia community associations are governed by the West Virginia Uniform Common Interest Ownership Act (WV Code § 36B et seq.) and the West Virginia Unit Property Act. Between 2022 and 2025, West Virginia enacted several updates — electronic meeting and notice authority, solar energy rights, pre-lien cure notice requirements, financial record inspection rights, EV charging protections, and fine due process reform. Here is a session-by-session breakdown.</p>

<h2>2022 Legislative Session</h2>

<h3>HB 4014 — Electronic Meeting and Notice Authority</h3>

<p>HB 4014 amended WV Code § 36B to authorize electronic delivery of all required association notices and to permit board meetings and unit owner meetings to be conducted by video conference or telephone conference. Remote participation counts toward quorum. Boards must adopt a written electronic meeting policy before the first electronic meeting — the policy must specify how remote participants are identified, how votes are counted, and how the meeting is documented. West Virginia boards that have been holding electronic meetings since COVID-19 but have not adopted a written policy must do so to ensure ongoing statutory compliance.</p>

<h3>SB 511 — Solar Energy Rights</h3>

<p>SB 511 added WV Code § 36-8-25, prohibiting West Virginia homeowners associations and condominium associations from adopting or enforcing any covenant, condition, or restriction that prohibits the installation of solar energy systems — including rooftop solar panels, solar thermal systems, and solar water heaters. Associations may impose reasonable placement standards provided those standards do not increase the cost of installation by more than 5% or reduce the system's output by more than 10%. Any existing CC&amp;R or bylaw provision that amounts to an outright solar prohibition is void under West Virginia law. Given the state's high electricity costs and strong federal incentives for solar installation, board members should expect increasing interest from members in solar installations and should have written guidelines in place.</p>

<h2>2023 Legislative Session</h2>

<h3>HB 3282 — Assessment Lien — Pre-Filing Notice</h3>

<p>HB 3282 established a 30-day pre-lien cure notice requirement for West Virginia common interest community associations. The cure notice must be delivered by certified mail to the property address and any alternative address provided by the owner, and must itemize all amounts due — principal assessments, late fees, interest, and collection costs accrued to date. The association may not add attorney fees or additional collection costs to the delinquency during the 30-day cure period. After the cure period expires without payment, the association may record the lien and add accrued collection costs and attorney fees before proceeding with enforcement. West Virginia boards should update their management agreements and collections policies to include the certified mail cure notice as a mandatory prerequisite to lien filing.</p>

<h3>SB 634 — Financial Record Inspection Rights</h3>

<p>SB 634 established a statutory right for West Virginia community association members to inspect and copy the association's financial records, meeting minutes, and governing documents within 10 business days of a written request. Associations may charge reasonable copying fees but may not require members to appear in person to inspect records if the member has requested electronic copies. Failure to comply with a timely written inspection request may result in a court order compelling production and an award of attorney fees to the requesting member. West Virginia boards that have been treating financial records as internal documents not subject to member inspection must immediately establish a written record inspection policy and designate a responsible party for timely fulfillment of requests.</p>

<h2>2025 Legislative Session</h2>

<h3>HB 2487 — EV Charging Rights</h3>

<p>HB 2487 prohibited West Virginia homeowners associations and condominium associations from restricting the installation of EV charging equipment in owners' assigned parking spaces. Associations may require licensed electrician installation, prior written board approval within 60 days of a complete application, and owner-maintained liability insurance for the equipment. Associations may not deny compliant requests without documented structural, electrical capacity, or safety cause. West Virginia boards should adopt written EV charging installation policies before the first installation request is received to ensure a consistent and legally compliant review process.</p>

<h3>SB 443 — Fine Due Process</h3>

<p>SB 443 required West Virginia community associations to provide written notice of violation and a 14-day opportunity to cure before assessing any fine. The written notice must identify the specific governing document provision alleged to have been violated and describe the observed violation in sufficient detail for the owner to understand what must be corrected. If the owner requests a hearing within the 14-day cure period, the board must schedule the hearing within 21 days of the request. Fines may not exceed $100 per violation per day or $1,500 cumulative per violation incident. Boards whose governing documents specify higher fines must immediately reduce those fines to comply with the statutory caps.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Adopt a written electronic meeting policy — document how remote participants are identified and votes counted</li>

<li>Audit CC&amp;Rs for solar installation restrictions and repeal any outright bans under WV Code § 36-8-25</li>

<li>Update collections policy to require 30-day certified mail pre-lien cure notice</li>

<li>Establish a 10-business-day financial record inspection response procedure</li>

<li>Adopt a written EV charging installation policy with a 60-day approval timeline</li>

<li>Update fine and enforcement policy to comply with $100/day and $1,500 cumulative caps</li>

<li>Implement 14-day cure notice and 21-day hearing right before any fine is imposed</li>

</ul>

<h2>How APM Helps West Virginia HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service monitors West Virginia HOA and condominium law updates and provides client boards with compliance guidance on solar policies, collections procedures, EV charging rights, financial record access, and fine due process. <a href="/remote-hoa-management/west-virginia">Learn about our West Virginia remote management services</a>.</p>

<p><em>Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed West Virginia attorney for guidance specific to your community.</em></p>