(a) Except for the limited common elements described in section 2-102(2) and (4), the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the unit owners whose units are affected.
(b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it. The amendment must be recorded in the names of the parties and the common interest community.
(c) A common element not previously allocated as a limited common element may be so allocated only pursuant to provisions in the declaration made in accordance with section 2-105(a)(7). The allocations must be made by amendments to the declaration.
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