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West Virginia

West Virginia HOA Laws: Statutes, Rules & Board Duties

What West Virginia statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Primary statute: West Virginia Uniform Common Interest Ownership Act (WVUCIOA), W. Va. Code § 36B-1-101 et seq.

Applies to: Common interest communities (planned communities, condominiums, and cooperatives) in West Virginia

⚠️ Informational summary only — not legal advice. Laws change and facts matter. Confirm current requirements with the statute and a licensed West Virginia attorney before acting.

Governing statutes

West Virginia Uniform Common Interest Ownership Act (WVUCIOA), W. Va. Code § 36B-1-101 et seq. is a full adoption of the Uniform Common Interest Ownership Act and governs both planned communities and condominiums (and cooperatives) in a single chapter. It applies to all common interest communities created in the state after July 1, 1986 (W. Va. Code § 36B-1-206).
Limited applicability to small/pre-1986 communities: a planned community that has no more than 12 units and is not subject to development rights, or whose annual average common expense liability per residential unit does not exceed $300 (as adjusted), is subject to only §§ 36B-1-105, 36B-1-106, and 36B-1-107 unless the declaration provides that the entire chapter applies (W. Va. Code § 36B-1-203).
Preexisting communities (created before July 1, 1986) are governed in part by the chapter; amendments follow prior law and the instruments' own procedures, but the chapter's provisions apply to results it newly permits (W. Va. Code § 36B-1-206). (verify — read § 1-206 for the exact list of applicable sections.)
Most associations are also organized as nonprofit corporations governed by the West Virginia Nonprofit Corporation Act, W. Va. Code § 31E-1-101 et seq., which supplies default rules on directors, officers, and voting. (verify — some older associations are unincorporated.)
The declaration, bylaws, and rules govern where the statute is silent; where they conflict with the chapter, the chapter controls.

Meetings & notice

Annual meeting required: a meeting of the association must be held at least once each year (W. Va. Code § 36B-3-108).
Special meetings may be called by the president, a majority of the executive board, or by unit owners holding 20% (or any lower percentage in the bylaws) of the votes in the association (W. Va. Code § 36B-3-108).
Notice: not less than 10 nor more than 60 days before any meeting, hand-delivered or mailed prepaid to each unit's mailing address; the notice must state the time, place, and agenda items, including the general nature of any proposed declaration/bylaw amendment, any budget changes, and any proposal to remove an officer or board member (W. Va. Code § 36B-3-108).
Open-meeting gap: WVUCIOA follows the original (1982) Uniform Act, which does not contain the open-board-meeting, member-comment, or executive-session rules found in newer statutes (e.g., California's Open Meeting Act). WV § 36B-3-108 addresses association (member) meetings, not mandatory open board meetings, so transparency at the board level is largely left to the bylaws. (verify — confirm no separate open-meeting provision applies; this is a WV gap relative to states like CA.)
Quorum for association meetings and voting is set by § 36B-3-109 and the bylaws. (verify exact quorum default.)

Fines & enforcement

The association may, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules, and may impose charges for late payment of assessments (W. Va. Code § 36B-3-102(a)(11)).
The association may adopt and amend rules and regulations (W. Va. Code § 36B-3-102(a)(1)) and enforce them.
No statutory fine cap, fine schedule, hearing-timeline, or written-decision deadline: unlike California, WVUCIOA sets no dollar cap and no specific due-process timetable beyond the general "notice and an opportunity to be heard" standard — the specifics are left to the governing documents. (verify — WV gap; confirm against the association's own rules.)
Unless the declaration provides otherwise, fines, fees, late charges, and interest are enforceable as assessments under § 36B-3-116, meaning they can attach as a lien (W. Va. Code § 36B-3-116). (verify — contrast CA, which generally bars lien/foreclosure for fines.)

Assessments, liens & foreclosure

The association has a lien on a unit for any assessment or fine from the time it becomes due; if payable in installments, the full amount is a lien from the time the first installment is due (W. Va. Code § 36B-3-116(a)).
Priority: the lien is prior to all other liens and encumbrances except (i) liens recorded before the declaration, (ii) a first security interest (mortgage) recorded before the assessment became delinquent, and (iii) liens for real estate taxes and governmental charges (W. Va. Code § 36B-3-116(b)).
Six-month super-priority: the lien is also prior to a first security interest to the extent of the common expense assessments (based on the periodic budget, without acceleration) that would have become due during the six months immediately preceding institution of an enforcement/foreclosure action (W. Va. Code § 36B-3-116(b)).
Three-year limitation: the lien is extinguished unless proceedings to enforce it are instituted within 3 years after the full amount of the assessments becomes due (W. Va. Code § 36B-3-116(e)). (verify subsection letter.)
A recorded notice of lien must state the unit description, owners' names, delinquent amounts and due dates, and the recordation date; a judgment or decree in an enforcement action must include costs and reasonable attorney's fees for the prevailing party (W. Va. Code § 36B-3-116).
Foreclosure method: WVUCIOA does not itself set a minimum delinquency dollar threshold or a redemption period like California's; the association enforces the lien in the manner provided by law (generally by suit). (verify — confirm whether judicial or nonjudicial foreclosure applies to HOA liens in WV; WVUCIOA gap relative to CA's $1,800 / 12-month threshold and 90-day redemption.)

Records access

The association must keep financial records sufficiently detailed to comply with § 36B-4-109 (resale certificates) (W. Va. Code § 36B-3-118).
All financial and other records must be made reasonably available for examination by any unit owner and the owner's authorized agents (W. Va. Code § 36B-3-118).
No statutory timeline or copy-fee cap: WVUCIOA states only a "reasonably available" standard and does not fix inspection deadlines, categories of "enhanced" records, or per-page/redaction fee caps (contrast CA § 5210). Those details are left to the bylaws. (verify — WV gap.)

Reserves & budgets

Budget ratification: within 30 days after the executive board adopts a proposed budget, the board must mail a summary to all unit owners and set a meeting to consider ratification not less than 14 nor more than 30 days after mailing the summary (W. Va. Code § 36B-3-103(c) — the "adoption of budgets" provision). (verify subsection letter.)
Negative-vote ratification: unless a majority of all unit owners (or any larger vote in the declaration) reject the budget at that meeting, the budget is ratified whether or not a quorum is present; if rejected, the last-ratified budget continues until a new one is ratified (W. Va. Code § 36B-3-103).
No mandatory reserve study: WVUCIOA does not require a periodic reserve study or a funded reserve plan (contrast CA's 3-year reserve-study rule). Reserve information is disclosed through the resale certificate and public offering statement rather than mandated by a study. (verify — WV gap; some declarations impose reserve requirements.)

Architectural control

WVUCIOA has no dedicated architectural-review statute. Authority over exterior changes, additions, and design comes from the declaration and from the association's power to adopt and enforce rules (W. Va. Code § 36B-3-102(a)(1), (6)). (verify subsection numbers.)
Because there is no statutory "fair, reasonable, good-faith procedure" or written-decision/appeal requirement like California's, the applicable standards and timelines are whatever the community's declaration and rules provide. (verify any specific timeline claimed — WV gap.)

Protected activities (what an HOA generally cannot prohibit)

Solar energy systems: any covenant, restriction, or condition in an HOA governing document that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable (W. Va. Code § 36-4-19, enacted 2012, HB 2740). Exceptions allow reasonable restrictions (historical/architectural/cultural/religious preservation, land-use, health-and-safety, and common-area limits) that do not eliminate the system's energy or economic benefit, and the association's members may vote to impose restrictions (W. Va. Code § 36-4-19).
Other protected activities largely absent: West Virginia has no HOA-specific statute protecting flag displays, political/noncommercial signs, EV charging stations, clotheslines, drought-tolerant landscaping, ADUs, or religious door displays (contrast California's suite of protections). Absent such a statute, these matters are governed by the declaration. (verify — WV gap; confirm no newer sign/flag statute has been enacted.)

Fair housing & assistance animals

The West Virginia Fair Housing Act, W. Va. Code § 5-11A-1 et seq., and the West Virginia Human Rights Act, W. Va. Code § 5-11-1 et seq., together with the federal Fair Housing Act, prohibit housing discrimination — including by associations — on the basis of disability and other protected classes (general prohibition, W. Va. Code § 5-11A-5).
Associations must make reasonable accommodations for persons with disabilities. Under the WV Fair Housing Act's assistance-animal provisions, a reasonable-accommodation request for an assistance animal (service or emotional-support animal, with or without training/certification) may not be unreasonably denied, conditioned on a fee or pet deposit, or unreasonably delayed; refusal requires an individualized assessment based on objective evidence that the specific animal is a direct threat to health/safety or would cause substantial property damage. (verify exact section within § 5-11A — the assistance-animal amendment; owner remains liable for any damage the animal causes.)

Required disclosures

Public offering statement (declarant sales): a declarant selling units must deliver a public offering statement; the purchaser may cancel the contract within 15 days after first receiving it, and failure to deliver it exposes the declarant to damages of up to 10% of the sale price (W. Va. Code §§ 36B-4-103, 36B-4-108).
Resale certificate: on resale, the association must, within 10 days after a unit owner's request, furnish a resale certificate containing 14 statutory disclosures — including the monthly assessment and any unpaid assessments/fees, anticipated capital expenditures, reserves, the most recent balance sheet and income/expense statement, the current operating budget, unsatisfied judgments and pending litigation, and insurance (W. Va. Code § 36B-4-109).
A purchaser is not liable for any unpaid assessment or fee greater than the amount stated in the certificate, and the purchase contract is voidable until the certificate is provided and for 5 days thereafter (or until conveyance) (W. Va. Code § 36B-4-109).

Dispute resolution

No mandatory internal or alternative dispute resolution: unlike California, WVUCIOA does not require associations to offer IDR ("meet and confer") or to attempt ADR/mediation before filing enforcement litigation. (verify — WV gap.)
WVUCIOA provides for civil enforcement: any right or obligation under the chapter, the declaration, or the bylaws is enforceable by civil action, and a court may award costs and reasonable attorney's fees (W. Va. Code § 36B-4-117; and § 36B-3-116 for lien actions). (verify § 4-117 exact scope.)
Parties remain free to use voluntary mediation/arbitration under the West Virginia Revised Uniform Arbitration Act or the terms of their governing documents. (verify.)

Recent changes (2023–2026)

WVUCIOA (Chapter 36B) remains substantially the original 1982 Uniform Act text as adopted in West Virginia; it has not been updated to the 2008 UCIOA revisions that added open-meeting, records-timeline, ADR, and ombudsman provisions in some states. (verify — no major 2023–2026 amendment to Chapter 36B was identified in this research.)
Solar access (W. Va. Code § 36-4-19): enacted 2012 (HB 2740); voids covenants restricting solar energy systems (see Protected activities).
Assistance-animal / fair-housing amendments (W. Va. Code § 5-11A): West Virginia strengthened assistance-animal reasonable-accommodation standards and added misrepresentation penalties. (verify enactment year and exact section — likely a recent amendment to the Fair Housing Act.)
No West Virginia analogue to California's 2024–2025 HOA reforms (fine caps, balcony inspections, electronic voting, quorum-reduction) was found. (verify — WV gap.)

Sources

WVUCIOA full text (WV Legislature official code) — Chapter 36B index (https://code.wvlegislature.gov/36B/); § 36B-3-108 Meetings (https://code.wvlegislature.gov/36B-3-108/); § 36B-3-102 Powers of association / fines (https://code.wvlegislature.gov/36B-3-102/); § 36B-3-103 Adoption of budgets (https://code.wvlegislature.gov/36B-3-103/); § 36B-3-116 Lien for assessments (https://code.wvlegislature.gov/36B-3-116/); § 36B-3-118 Association records (https://code.wvlegislature.gov/36B-3-118/); § 36B-4-108 Purchaser's right to cancel (https://code.wvlegislature.gov/36B-4-108/); § 36B-4-109 Resale certificates (https://code.wvlegislature.gov/36B-4-109/); § 36B-1-203 Applicability to small communities (https://code.wvlegislature.gov/36B-1-203/); § 36B-1-206 Preexisting communities (https://code.wvlegislature.gov/36B-1-206/)
W. Va. Code § 36-4-19 (solar energy systems; HB 2740, 2012) — https://code.wvlegislature.gov/36-4-19/
West Virginia Fair Housing Act, Article 5-11A (assistance animals, § 5-11A-5) — https://code.wvlegislature.gov/5-11A/ ; FindLaw § 5-11A-5 (https://codes.findlaw.com/wv/chapter-5-general-powers-and-authority-of-the-governor-secretary-of-state-and-attorney-general-board-of-public-works-miscellaneous-agencies-commissions-offices-programs-etc/wv-code-sect-5-11a-5.html) ; Legal Aid WV assistance-animals guide (https://legalaidwv.org/legal-information/assistance-animals-in-rental-housing/)
FindLaw § 36B-3-116 annotation — https://codes.findlaw.com/wv/chapter-36b-uniform-common-interest-ownership-act/wv-code-sect-36b-3-116/
CAI advocacy, West Virginia priority lien — https://www.caionline.org/advocacy/advocacy-priorities-overview/collecting-delinquent-assessments/priority-lien-west-virginia/
FirstService Residential, "A Guide to WV HOA Laws" (2025) — https://www.fsresidential.com/west-virginia/news-events/articles/a-guide-to-wv-hoa-laws-and-regulations/
Homeowners Protection Bureau, WV Chapter 36B overview — https://www.hopb.co/west-virginia-uniform-common-interest-ownership-act-chapter-36b
Justia, WV Code Chapter 36B (2025) — https://law.justia.com/codes/west-virginia/chapter-36b/
Solar United Neighbors, HOAs and solar access in West Virginia — https://solarunitedneighbors.org/resources/homeowners-associations-and-solar-access-in-west-virginia/

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Frequently asked questions

What laws govern HOAs in West Virginia?

West Virginia Uniform Common Interest Ownership Act (WVUCIOA), W. Va. Code § 36B-1-101 et seq. is a full adoption of the Uniform Common Interest Ownership Act and governs both planned communities and condominiums (and cooperatives) in a single chapter. It applies to all common interest communities created in the state after July 1, 1986 (W. Va. Code § 36B-1-206).

Can a West Virginia HOA fine a homeowner, and what process is required?

The association may, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules, and may impose charges for late payment of assessments (W. Va. Code § 36B-3-102(a)(11)). - The association may adopt and amend rules and regulations (W. Va. Code § 36B-3-102(a)(1)) and enforce them.

What are the board meeting and notice rules for West Virginia HOAs?

Annual meeting required: a meeting of the association must be held at least once each year (W. Va. Code § 36B-3-108). - Special meetings may be called by the president, a majority of the executive board, or by unit owners holding 20% (or any lower percentage in the bylaws) of the votes in the association (W. Va. Code § 36B-3-108).

What HOA records can West Virginia homeowners inspect?

The association must keep financial records sufficiently detailed to comply with § 36B-4-109 (resale certificates) (W. Va. Code § 36B-3-118). - All financial and other records must be made reasonably available for examination by any unit owner and the owner's authorized agents (W. Va. Code § 36B-3-118).

When can a West Virginia HOA place a lien or foreclose over unpaid assessments?

The association has a lien on a unit for any assessment or fine from the time it becomes due; if payable in installments, the full amount is a lien from the time the first installment is due (W. Va. Code § 36B-3-116(a)). - Priority: the lien is prior to all other liens and encumbrances except (i) liens recorded before the declaration, (ii) a first security interest (mortgage) recorded before the assessment became delinquent, and (iii) liens for real estate taxes and…

Does HOA software make a West Virginia board automatically compliant?

No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.