Friday April 25, 2025
What are WV HOA laws?
In West Virginia, homeowners associations (HOAs) are primarily governed by the West Virginia Uniform Common Interest Ownership Act (UCIOA), found in Chapter 36B of the West Virginia Code. The UCIOA applies to most common interest communities created after July 1, 1986. It generally sets the legal framework for how associations are structured, how they operate, and the rights and responsibilities of both the board and homeowners.
In addition to the UCIOA, HOAs in West Virginia are often organized as nonprofit corporations and may be governed by the West Virginia Nonprofit Corporation Act (Chapter 31E of the West Virginia Code). This dual governance structure means that HOA boards may need to comply with both sets of statutes when making decisions or enforcing community rules.Key HOA rules to know
West Virginia HOA rules are established through a combination of the community's governing documents and state laws. Here are a few key rules governing many HOAs:- Declarations: HOAs in West Virginia are typically required to have a formal declaration. This document outlines the community’s regulations, including property use standards, architectural guidelines, pet rules, and expectations around noise or nuisance behavior.
- Assessments: Under WV HOA laws, boards generally have the authority to collect assessments from homeowners to fund maintenance and operations of shared spaces.
- Legal action: If a homeowner fails to pay their assessments, the HOA may have the authority to place a lien on their property. If the balance remains unpaid, the association may be permitted to begin foreclosure proceedings. This process must follow clearly defined steps under state law, with an emphasis on due process and communication.
- Enforceable rules: The board’s enforcement of community rules must always align with the HOA’s governing documents and applicable WV statutes. Boards should operate with transparency, applying rules uniformly and documenting decisions appropriately.
- Amending community rules: HOAs can amend or update their rules as community needs change, but these changes typically require board approval, homeowner notification, and — depending on the governing documents — possibly a vote. Any new rules must still fall within the bounds of WV HOA laws.
Homeowners' rights
WV HOA laws provide homeowners with several core rights, including participation in community decisions. In most cases, residents have the right to vote on association matters. WV Code §31E states that each member is generally entitled to one vote per issue (unless the articles of incorporation say otherwise), but the law does allow an HOA to limit or condition voting rights through its own governing documents. This means voting rights might be suspended in certain cases, such as when a homeowner is delinquent on assessments, if the bylaws or declaration specifically allow it.Homeowners also typically have the right to access financial records, meeting minutes, and governing documents. The board is usually required to prepare and make available annual budgets and financial statements. This transparency can help residents stay informed about how their fees are being used and what future costs might arise.
Another key protection is offered through the West Virginia Fair Housing Act, which prohibits discrimination based on race, religion, national origin, familial status, disability, and other protected characteristics. HOAs must operate within these parameters when creating or enforcing policies.
Responsibilities of the HOA board
WV HOA laws place a significant amount of responsibility on the HOA board to manage the community effectively. The board is typically in charge of maintaining shared areas, organizing meetings, preparing financial reports, and enforcing community rules. These responsibilities must be carried out in compliance with both the UCIOA and the West Virginia Nonprofit Corporation Act, when applicable.In addition to operations, boards are often required to retain records and mandated insurance coverage for all common areas. This may include liability and property coverage, which protects the community's financial interests. Many HOA boards must also respond to inquiries from members and hold regular meetings where decisions are discussed and recorded in official minutes.
While the board has broad authority, it must always act in the best interests of the community and within the legal limits outlined by WV HOA laws. Decisions should be transparent and communicated clearly to homeowners, especially those related to budgeting, assessments, or policy changes. Boards should seek legal guidance to support compliance with applicable laws and best practices.
How WV HOA laws apply to small associations
Some small associations in West Virginia (typically, those with 12 or fewer units and no development rights) may be exempt from most provisions of the UCIOA under §36B-1-203, unless their declaration opts in. However, are often still required to comply with the following key sections:- §36B-1-105: Separate titles and taxation
- §36B-1-106: Applicability of local ordinances and building codes
- §36B-1-107: Eminent domain
Common documents required by WV HOA laws
WV HOA laws generally require every HOA to maintain a specific set of governing documents:- Declaration: This is the HOA’s core governing document. It outlines each homeowner’s rights and responsibilities, as well as the rules for how the property can be used. It is the foundation for most board decisions and sets the tone for community expectations.
- Bylaws: The bylaws define how the association is structured and how it functions on a day-to-day basis. This may include rules around board elections, officer roles, meeting procedures, and voting protocols.
- Rules and regulations: These are the practical guidelines that apply to daily life in the community. They typically cover things like parking, amenity use, pet policies, and noise restrictions, and they must align with both the declaration and state law.
- Plat: The plat is an official map that outlines the layout of the community. It details unit boundaries, shared spaces, and easements. This document must accompany the declaration and is usually filed with the county.
- Supporting operational records: In addition to the core documents, HOAs must keep current and accurate records such as meeting minutes, financial reports, annual budgets, and inspection logs.
WV HOA laws and fair housing compliance
WV HOA laws incorporate state and federal fair housing protections to help prevent discrimination in residential communities. The West Virginia Fair Housing Act prohibits discrimination based on various personal attributes. HOAs must take care to apply all rules and processes consistently, without favor or bias.This means that policies related to leasing, pets, modifications for disabilities, and access to common areas must comply with these protections. It is critical for boards to review their policies and practices with a qualified attorney.
How WV HOA laws handle voting and elections
Voting procedures in HOAs may be governed by both the UCIOA and the West Virginia Nonprofit Corporation Act, but the association’s governing documents often determine key details, such as eligibility, voting method, and proxy rules.Elections typically involve nominating candidates, providing notice to members, and holding a formal vote. Proxy voting may also be permitted, depending on the bylaws. Boards are responsible for managing this process with care and accuracy. Any decisions made without proper procedure can potentially be subject to challenge by members, so it's critical to follow the rules set forth in WV HOA laws and the community's governing documents.
If your association has questions about WV HOA laws or needs help navigating changes in state requirements, our team is here to provide insight and solutions tailored to your community's needs. Contact FirstService Residential today.