In a planned community, if the right is originally reserved in the declaration, the declarant in addition to any other development right, may amend the declaration at any time during as many years as are specified in the declaration for adding additional real estate to the planned community without describing the location of that real estate in the original declaration; but, the amount of real estate added to the planned community pursuant to this section may not exceed ten percent of the real estate described in section 2-105(a)(3) and the declarant may not in any event increase the number of units in the planned community beyond the number stated in the original declaration pursuant to section 2-105(a)(5).
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