If a planned community:
(1) Contains no more than twelve units and is not subject to any development rights; or
(2) Provides, in its declaration, that the annual average common expense liability of all units restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, may not exceed $300 as adjusted pursuant to section 1-114 (adjustment of dollar amounts), it is subject only to sections 1-105 (separate titles and taxation), 1-106 (applicability of local ordinances, regulations and building codes) and 1-107 (eminent domain) unless the declaration provides that this entire chapter is applicable.
Structure West Virginia Code
Chapter 36B. Uniform Common Interest Ownership Act
§36B-1-104. Variation by Agreement
§36B-1-105. Separate Titles and Taxation
§36B-1-106. Applicability of Local Ordinances, Regulations and Building Codes
§36B-1-108. Supplemental General Principles of Law Applicable
§36B-1-109. Construction Against Implicit Repeal
§36B-1-110. Uniformity of Application and Construction
§36B-1-111. Unconscionable Agreement or Term of Contract
§36B-1-112. Obligation of Good Faith
§36B-1-113. Remedies to Be Liberally Administered
§36B-1-114. Adjustment of Dollar Amounts
§36B-1-201. Applicability to New Common Interest Communities
§36B-1-202. Same -- Exception for Small Cooperatives
§36B-1-204. Applicability to Preexisting Common Interest Communities
§36B-1-205. Same -- Exception for Small Preexisting Cooperatives and Planned Communities
§36B-1-206. Same -- Amendments to Governing Instruments
§36B-1-207. Applicability to Nonresidential Planned Communities