West Virginia HOA Laws 2026: UCIOA State — Uniform Common Interest Ownership Act (W. Va. Code § 36B-1-101)

West Virginia adopted the Uniform Common Interest Ownership Act (UCIOA), W. Va. Code §§ 36B-1-101 through 36B-4-120. As one of nine UCIOA states, West Virginia HOA boards operate under a modern, comprehensive statutory framework that establishes clear rules for governance, owner rights, reserve funding, resale disclosure, and assessment liens. UCIOA in West Virginia applies to common interest communities created after its effective date.

UCIOA Coverage in West Virginia

West Virginia's UCIOA covers condominiums, planned communities, and cooperatives created after adoption. Communities created before UCIOA may operate under prior WV law (the West Virginia Condominium Act or CC&Rs) or elect to come under UCIOA. Most new communities created since adoption are automatically governed by UCIOA.

Owner Rights Under West Virginia UCIOA

• Right to attend all open board meetings with proper advance notice
• Right to inspect records within 10 business days of written request
• Right to vote in all board elections by written ballot
• Right to receive the annual budget and reserve study summary
• Right to a hearing before any fine is imposed
• Right to rescind purchase contract within 5 days of resale disclosure

Resale Disclosure Under UCIOA

W. Va. Code § 36B-4-109 requires associations to provide a resale disclosure certificate within 10 days of written request. The certificate must include: current and pending assessments, reserve fund balance, any outstanding violations, pending litigation, and copies of the declaration, bylaws, and rules. Buyers have 5 days after receipt to rescind the purchase agreement.

Assessment Liens in West Virginia

W. Va. Code § 36B-3-116 grants a statutory lien for unpaid assessments. West Virginia's UCIOA includes a super-lien provision: up to 6 months of unpaid assessments have priority over first mortgages. Foreclosure of UCIOA assessment liens is judicial. The association must provide written notice of delinquency before recording a lien.

Reserve Fund Requirements

West Virginia UCIOA requires associations to conduct a reserve analysis and maintain a reserve fund for major repairs and replacements. The reserve plan must be reviewed and updated periodically. While WV UCIOA encourages third-party reserve studies, the statute sets the obligation to plan and fund — the method of analysis is not mandated.