Except as provided by the declaration:
(1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements.
(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.
(3) Subject to paragraph (2), all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit.
(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
Structure West Virginia Code
Chapter 36B. Uniform Common Interest Ownership Act
Article 2. Creation, Alteration and Termination of Common Interest Communities
§36B-2-101. Creation of Common Interest Communities
§36B-2-103. Construction and Validity of Declaration and Bylaws
§36B-2-104. Description of Units
§36B-2-105. Contents of Declaration
§36B-2-106. Leasehold Common Interest Communities
§36B-2-107. Allocation of Allocated Interests
§36B-2-108. Limited Common Elements
§36B-2-110. Exercise of Development Rights
§36B-2-111. Alterations of Units
§36B-2-112. Relocation of Boundaries Between Adjoining Units
§36B-2-113. Subdivision of Units
§36B-2-114. Monuments as Boundaries
§36B-2-115. Use for Sales Purposes
§36B-2-117. Amendment of Declaration
§36B-2-118. Termination of Common Interest Community
§36B-2-119. Rights of Secured Lenders
§36B-2-120. Master Associations
§36B-2-121. Merger or Consolidation of Common Interest Communities