West Virginia HOA laws & resources.

Laws & regulations impacting West Virginia associations.

West Virginia runs a modern common-interest act over an older, opt-in condominium law, the nonprofit corporate code associations are organized under, and the state's fair-housing protections — together with the federal laws that apply nationwide. HOPB hosts the full text of every one of these West Virginia statutes, each with a plain-language guide.

West Virginia HOA Law Guide Browse every statute we host in full — the Uniform Common Interest Ownership Act, the Unit Property Act, the Nonprofit Corporation Act, and the Fair Housing Act — grouped by role, with the official text and a plain-language guide for each.

Three things are worth knowing about how West Virginia's HOA law works:

• A modern act governs most communities. The Uniform Common Interest Ownership Act (UCIOA) is West Virginia's comprehensive community-association law — declarant transition and board elections, meetings and budgets, the assessment lien, records, and buyer protections — governing communities created after July 1, 1986 (with carve-outs for small and limited-expense communities); communities created before then are reached only by a limited subset. Older condominiums were formed under the opt-in Unit Property Act, and most associations are organized as nonprofit corporations under the Nonprofit Corporation Act.
• Fair housing protects residents — under a new citation. The West Virginia Fair Housing Act bars housing discrimination based on race, color, religion, ancestry, sex, familial status, blindness, disability, or national origin, and requires reasonable accommodations and modifications — including detailed assistance-animal rules. Note the citation changed: West Virginia recodified the act from the former § 5-11A to § 16B-18, and the Human Rights Commission that enforces it now sits at § 16B-17. It runs alongside the federal Fair Housing Act.
• Around the edges. Anti-solar covenants are void (§ 36-4-19), and debt collection under the federal FDCPA and the West Virginia Consumer Credit and Protection Act — including why HOA assessments count as “claims” — plus the citations people commonly get wrong, are collected on the related-laws page.

Find HOA contact information & documents.

• The West Virginia Secretary of State business search — visit HOPB's HOA Directory and select West Virginia, or search the corporations database directly, to find an association's corporate status, registered agent, active officers, and its articles of incorporation, by searching under the community or subdivision's name.
• Association records — for a community governed by the Uniform Common Interest Ownership Act, all financial and other records must be reasonably available for examination by any unit owner (§ 36B-3-118). Because most associations are nonprofit corporations, members also have a corporate right to inspect many records on at least five business days' written notice, plus annual financial statements, under the Nonprofit Corporation Act (§§ 31E-15-1502, 31E-15-1520).
• HOA documents — the association's Declaration of Covenants, Conditions & Restrictions (CC&Rs), amendments, bylaws, plats, deeds, and lien notices are recorded with the clerk of the county commission in the county where the association is located (search under the community name). A declaration must be recorded to be effective.