Quick Answer
West Virginia has a comprehensive statute: the Uniform Common Interest Ownership Act, W. Va. Code Chapter 36B, covering condominiums, planned communities and cooperatives created after the Act took effect. A limited set of its sections also reaches older communities. Older condominiums may be under the Unit Property Act (Chapter 36A), and nonprofit associations under Chapter 31E.
Which laws govern HOAs and condominiums in West Virginia
West Virginia enacted the Uniform Common Interest Ownership Act as W. Va. Code Chapter 36B, organized in four articles: general provisions (Article 1), creation, alteration and termination of common interest communities (Article 2), management of the community (Article 3), and protection of purchasers (Article 4). Section 36B-1-201 says the chapter applies to all common interest communities created in the state after its effective date.
- Older communities: Section 36B-1-204 applies a specific list of sections to communities created before the Act took effect, including the powers of the association (parts of Section 3-102), tort and contract liability (3-111), the assessment lien (3-116), association records (3-118) and resales (4-109). The statute states these apply only to events after the effective date and do not invalidate existing declaration or bylaw provisions.
- Unit Property Act (W. Va. Code Chapter 36A): the earlier condominium law, relevant to older condominiums. Section 36B-1-204 addresses how the two chapters interact.
- West Virginia Nonprofit Corporation Act (Chapter 31E): applies to associations that incorporate as nonprofit corporations.
- Governing documents: the declaration, bylaws and rules, many of which control details the statute leaves open. See HOA governing documents explained.
Small cooperatives and small planned communities may be treated differently under Sections 1-202, 1-203 and 1-205, so associations that are small or older should ask an attorney which provisions govern them.
West Virginia HOA law at a glance
Citations are to W. Va. Code Chapter 36B unless noted. Where a topic is not addressed, the governing documents control.
| Topic | What West Virginia law says |
|---|---|
| Assessments and liens | Section 3-115: assessments are made at least annually based on an annual budget; past-due assessments bear interest at a rate set by the association not exceeding 18% per year. Section 3-116: the association has a lien for assessments and fines from the time they become due; the lien is generally prior to other liens except certain earlier-recorded liens, first mortgages and taxes, though it has limited priority over a first mortgage for up to six months of budgeted assessments. The lien is extinguished unless enforcement begins within three years. A judgment must award costs and reasonable attorney's fees to the prevailing party. The association must provide an unpaid-assessment statement within ten business days of a written request. |
| Records access | Section 3-118: the association must keep financial records sufficiently detailed to comply with the resale provisions (Section 4-109), and all financial and other records must be reasonably available for examination by any unit owner and authorized agents. |
| Meetings and elections | Section 3-108: an annual meeting is required; special meetings may be called by the president, a majority of the board, or owners with 20% of votes (or a lower bylaw percentage); notice is hand-delivered or mailed 10 to 60 days ahead and must state the agenda. Section 3-109: unless bylaws differ, a quorum is 20% of votes for owner meetings. Section 3-110: proxies must be dated, are revocable only by actual notice, and end after one year unless a shorter term is stated. Election details: see your bylaws. |
| Reserves | Section 3-102(a)(2) gives the association power to adopt budgets for revenues, expenditures and reserves. The text reviewed does not set a mandatory reserve study or funding level; see your documents. |
| Fines and enforcement | Section 3-102(a)(11): after notice and an opportunity to be heard, the association may levy reasonable fines for violations of the declaration, bylaws and rules, and may impose late charges. Under Section 3-116(a), fines are a lien and, unless the declaration says otherwise, enforceable like assessments. |
| Rental restrictions | Not specifically addressed in Chapter 36B as reviewed; see your declaration and rules. |
| Architectural review | Not specifically addressed in Chapter 36B as reviewed; the association regulates common elements under Section 3-102(a)(6), and review standards come from your documents. |
| Board duties | Section 3-103(a): the executive board generally acts for the association; declarant-appointed directors owe fiduciary care, while owner-elected directors must exercise ordinary and reasonable care. Section 3-103(c): within 30 days after adopting a budget, the board sends owners a summary and sets a ratification meeting 14 to 30 days after mailing; the budget is ratified unless a majority of all unit owners (or a larger vote in the declaration) rejects it. |
Practical takeaways for West Virginia boards
Documentation protects liens and fines
Section 3-116 sets out how a lien is perfected, including notice to the owner and recording of a notice of lien in the county where the property is located so the lien is not discharged as to later purchasers without notice. Boards should work with counsel on the notice contents and timing. Because fines can become liens, a documented hearing opportunity is important. See our violations and enforcement guide.
Know the budget ratification process
West Virginia's ratification rule lets owners reject a budget only by a majority of all owners, and a rejected budget leaves the last ratified budget in place. Plan the summary mailing and meeting dates early. For related planning, see reserve funds explained and board member responsibilities.
Meetings, quorum and proxies
Notice drives validity. Section 3-108 requires notice 10 to 60 days before an owner meeting that states the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes and any proposal to remove an officer or board member. Unless the bylaws say otherwise, 20% of the votes is a quorum for an owner meeting (Section 3-109(a)), and a board quorum is 50% of board votes unless the bylaws set a higher percentage (Section 3-109(b)). Section 3-110 also provides that votes allocated to a unit owned by the association may not be cast, and that a proxy is void if it is undated or purports to be revocable without notice. Boards should compare these defaults with their bylaws, which may set different quorum rules.
Powers and limits
The Act gives associations broad powers, including hiring managing agents, but those powers are subject to the declaration. Our guide to what powers an HOA has and the homeowner guide to how an HOA works are good starting points.
Recent changes
The West Virginia Code website states that Chapter 36B is updated as new legislation takes effect, and boards should confirm current text there. For a summary of notable updates affecting associations, see West Virginia HOA law changes 2021-2025.
Remote HOA management in West Virginia
West Virginia associations can be managed remotely without losing statutory discipline. A cloud dashboard centralizes the budget, the owner ledger and the record set that Section 3-118 expects to be available for examination, online dues collection keeps assessment history consistent for lien and resale purposes, and digital violation tracking records notice and hearing steps before fines. Board support by phone, email and video helps with annual meeting notices and budget ratification timelines.
Learn more about remote HOA management in West Virginia or see our pricing. Rules on manager licensing and registration vary by state; we have not confirmed a West Virginia licensing requirement for community association managers, so associations should confirm what applies in West Virginia. For background, read what HOA management is.
Frequently Asked Questions
Does West Virginia have a statewide HOA law?
Yes. Chapter 36B, the Uniform Common Interest Ownership Act, applies to communities created after it took effect, and certain sections also apply to older communities.
Can a West Virginia HOA fine owners?
Yes, after notice and an opportunity to be heard, for violations of the declaration, bylaws and rules. Section 3-102(a)(11) requires fines to be reasonable.
How long does an HOA have to enforce an assessment lien?
Under Section 3-116(d), a lien for unpaid assessments is extinguished unless proceedings to enforce it begin within three years after the full amount becomes due.
Can owners see HOA records in West Virginia?
Yes. Section 3-118 provides that financial and other records must be reasonably available for examination by any unit owner and authorized agents.
Do West Virginia HOAs have to fund reserves?
The Act authorizes budgets that include reserves, but the text reviewed does not mandate a reserve study or minimum funding, so the governing documents and board judgment control.
How APM Helps
Association Property Managers provides remote HOA and condo management to boards nationwide, with offices in East Lansing, Michigan and Dublin, California. See our association management services or request a free proposal; we respond within 3 business days. Call 810.777.7060 with questions.
This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in West Virginia. Last verified October 25, 2026.
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