(a) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including in a condominium or planned community the plats and plans, subdividing that unit.
(b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided 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