HOA LAWS AND REGULATIONS

Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in the state of West Virginia.
West Virginia Uniform Common Interest Ownership Act (UCIOA), W. Va. Code §36B-1-101, et seq.: The UCIOA governs the formation, management, powers, and operation of all common interest communities (condominium, planned community, or real estate cooperative) created after the statute's effective date of July 1, 1986. See W. Va. Code §36B-1-201 (Applicability to new common interest communities), §36B-1-103 (Definitions), and §36B-1-204 (applicability to preexisting common interest communities).
West Virginia Unit Property Act, W. Va. Code, 36A-1-1 [1963], et seq.: The Act governs the formation, management, powers, and operation of condominium properties that expressly elect to be governed by the Act by recording a declaration in the county's recording office in which the property is located. W.Va. Code Ann. § 36A-4-1(a).
West Virginia Nonprofit Corporation Act, W. Va. Code, § 31E-1-101, et seq.: The Act governs nonprofit corporations with regard to corporate structure and procedure. If an association is organized as a nonprofit, as is the case with most West Virginia associations, it will be governed by the Nonprofit Corporations Act. Visit the West Virginia Secretary of State to find an association's corporate status.
West Virginia Consumer Credit and Protection Act (the WVCCPA), §46A-1-101, et seq.: The Act regulates debt collection practices at the state level and is very similar to the Fair Debt Collection Practices Act (FDCPA). The Act prohibits abusive, deceptive, and unfair practices outlined under the unfair debt collection provisions §§ 46A-2-122 through 129a., by any person or organization engaging directly or indirectly in debt collection.
Recommended Reading:
- Fleet v. Webber Springs Owners Ass'n, Inc., No. 14-0637 (W. Va. Apr. 23, 2015). The court determined that "[h]omeowners association assessments that are to be used for improving and/or maintaining common areas of a planned community... are an obligation primarily for personal, family, or household purposes, and, therefore, such assessments are `claims' pursuant to W. Va. Code § 46A-2-122 (b)(1996)."
West Virginia Fair Housing Act, W. Va. Code § 5-11A-1, et seq.: The law protects people's right to access all housing opportunities without discrimination based on race, color, religion, ancestry, sex, familial status (the presence of children under the age of 18), blindness, disability (including the need for service animals and reasonable accommodations) or national origin. See W. Va. Code §5-11A-5 (Discrimination in sale or rental of housing and other prohibited practices), §5-11A-6 (Discrimination in residential real estate-related transactions), §5-11A-7 (Discrimination in the provision of brokerage services), §5-11A-3 (Definitions), §5-11A-4 (Application), and §5-11A-8 (Exemptions).

The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination may file a complaint with the West Virginia Human Rights Commission, HUD, or file a private lawsuit in federal or state court.

GOVERNMENT AGENCIES

Federal Agencies - List of federal agencies with oversight authority over homeowners’ associations.
West Virginia Government Portal - Search for government information by topic and agency.
West Virginia Human Rights Commission - The Commission has the authority to investigate alleged violations of housing discrimination. It may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred.
- Your Guide To Frequently Asked Questions In Discrimination Complaints
West Virginia Real Estate Commission - The Commission is responsible for the licensure, education, and discipline of real estate brokers, associate brokers, salespersons, and the conduct of brokerage business.
Office of the West Virginia Attorney General - The office of the attorney general plays a vital role in protecting the state's citizens.
U.S. Department of Housing and Urban Development - West Virginia

HOA INFORMATION AND DOCUMENTS

West Virginia Homeowners' Association Directory - Find the association's contact information, list of active board members, articles of incorporation, and important corporation information by searching for the subdivision or community name.
West Virginia Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.

LEGAL RESOURCES

Direct link to West Virginia Code
West Virginia State Legislature - Search your state representative and the legislation (or, "statutory law") database.
West Virginia State Bar Association - The association provides public access to a lawyer directory, lawyer referral service, and free or low-cost legal services.
- Tuesday Legal Connect - Every Tuesday evening from 6:00 p.m. to 8:00 p.m., volunteer lawyers take calls from the public and offer guidance to resolve questions and concerns. Call 1-800-642-3617.
Legal Aid of West Virginia - The office provides free legal services in non-criminal cases to low-income individuals.
West Virginia State Judiciary - Find court information, self-help, forms, court documents, search cases, and legal opinions.
American Arbitration Association - The association provides alternative dispute resolution (ADR) information, tools, and services.

SOLAR RIGHTS

Solar energy covenants unenforceable; penalty, W. Va. Code § §36-4-19. The law voids any covenant, restriction, or condition contained in any governing document of a housing association that effectively prohibits or restricts the installation or use of a solar energy system. Associations may, "by [a] vote of its members, establish or remove a restriction that prohibits or restricts the installation or use of a solar energy system."
West Virginia Office of Energy - The agency provides solar energy information, tools, and resources.
National Renewable Energy Laboratory - The agency provides data sets, maps, models, and tools for the analysis of energy and energy-efficiency technologies.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

West Virginia HOA Laws and Resources