The West Virginia Uniform Common Interest Ownership Act, codified in Chapter 36B of the West Virginia Code is broken down into the following four articles:

  • Article 1. General Provisions.

  • Article 2. Creation, Alteration And Termination Of Common Interest Communities.

  • Article 3. Management Of The Common Interest Community.

  • Article 4. Protection Of Purchasers.

Article 1. General Provisions.

Section Name Section Number
Short Title. §36B-1-101.
Applicability. §36B-1-102.
Definitions. §36B-1-103.
Variation by agreement. §36B-1-104.
Separate titles and taxation. §36B-1-105.
Applicability of local ordinances, regulations and building codes. §36B-1-106.
Eminent domain. §36B-1-107.
Supplemental general principles of law applicable. §36B-1-108.
Construction against implicit repeal. §36B-1-109.
Uniformity of application and construction. §36B-1-110.
Unconscionable agreement or term of contract. §36B-1-111.
Obligation of good faith. §36B-1-112.
Remedies to be liberally administered. §36B-1-113.
Adjustment of dollar amounts. §36B-1-114.
Applicability to new common interest communities. §36B-1-201.
Same -- Exception for small cooperatives. §36B-1-202.
Applicability to new common interest communities. -- Exception for small and limited expense liability planned communities. §36B-1-203.
Applicability to preexisting common interest communities. §36B-1-204.
Same -- Exception for small preexisting cooperatives and planned communities. §36B-1-205.
Same -- Amendments to governing instruments. §36B-1-206.
Applicability to nonresidential planned communities. §36B-1-207.
 

Article 2. Creation, Alteration And Termination Of Common Interest Communities.
Section Name Section Number
Creation of common interest communities. §36B-2-101.
Unit boundaries. §36B-2-102.
Construction and validity of declaration and bylaws. §36B-2-103.
Description of units. §36B-2-104.
Contents of declaration. §36B-2-105.
Leasehold common interest communities. §36B-2-106.
Allocation of allocated interests. §36B-2-107.
Limited common elements. §36B-2-108.
Plats and plans. §36B-2-109.
Exercise of development rights. §36B-2-110.
Alterations of units. §36B-2-111.
Relocation of boundaries between adjoining units. §36B-2-112.
Subdivision of units. §36B-2-113.
Monuments as boundaries. §36B-2-114.
Use for sales purposes. §36B-2-115.
Easement rights. §36B-2-116.
Amendment of declaration. §36B-2-117.
Termination of common interest community. §36B-2-118.
Rights of secured lenders. §36B-2-119.
Master associations. §36B-2-120.
Merger or consolidation of common interest communities. §36B-2-121.
Addition of unspecified real estate. §36B-2-122.
 

Article 3. Management Of The Common Interest Community.
Section Name Section Number
Organization of unit owners' association. §36B-3-101.
Powers of unit owners' association. §36B-3-102.
Executive board members and officers. §36B-3-103.
Transfer of special declarant rights. §36B-3-104.
Termination of contracts and leases of declarant. §36B-3-105.
Bylaws. §36B-3-106.
Upkeep of common interest community. §36B-3-107.
Meetings. §36B-3-108.
Quorums. §36B-3-109.
Voting; proxies. §36B-3-110.
Tort and contract liability. §36B-3-111.
Conveyance or encumbrance of common elements. §36B-3-112.
Insurance. §36B-3-113.
Surplus funds. §36B-3-114.
Assessments for common expenses. §36B-3-115.
Lien for assessments. §36B-3-116.
Other liens. §36B-3-117.
Association records. §36B-3-118.
Association as trustee. §36B-3-119.
 

Article 4. Protection Of Purchasers.
Section Name Section Number
Applicability; waiver. §36B-4-101.
Liability for public offering statement requirements. §36B-4-102.
Public offering statement; general provisions. §36B-4-103.
Same -- Common interest communities subject to development rights. §36B-4-104.
Same -- Time shares. §36B-4-105.
Same -- Common interest communities containing conversion buildings. §36B-4-106.
Same -- Common interest community securities. §36B-4-107.
Purchaser's right to cancel. §36B-4-108.
Resales of units. §36B-4-109.
Escrow of deposits. §36B-4-110.
Release of liens. §36B-4-111.
Conversion buildings. §36B-4-112.
Express warranties of quality. §36B-4-113.
Implied warranties of quality. §36B-4-114.
Exclusion or modification of implied warranties of quality. §36B-4-115.
Statute of limitations for warranties. §36B-4-116.
Effect of violations on rights of action; attorney's fees. §36B-4-117.
Labeling of promotional material. §36B-4-118.
Declarant's obligation to complete and restore. §36B-4-119.
Substantial completion of units. §36B-4-120.
 

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