West Virginia Code
Chapter 36B. Uniform Common Interest Ownership Act

§36B-1-203. Applicability to New Common Interest Communities. -- Exception for Small and Limited Expense Liability Planned Communities - If a planned community: (1) Contains no more than twelve...

§36B-1-204. Applicability to Preexisting Common Interest Communities - (a) Except as provided in section 1-205, Same; exception for...

§36B-1-205. Same -- Exception for Small Preexisting Cooperatives and Planned Communities - If a cooperative or planned community created within this state...

§36B-1-206. Same -- Amendments to Governing Instruments - (a) In the case of amendments to the declaration, bylaws...

§36B-1-207. Applicability to Nonresidential Planned Communities - This chapter does not apply to a planned community in...

Article 2. Creation, Alteration and Termination of Common Interest Communities

§36B-2-101. Creation of Common Interest Communities - (a) A common interest community may be created pursuant to...

§36B-2-102. Unit Boundaries - Except as provided by the declaration: (1) If walls, floors...

§36B-2-103. Construction and Validity of Declaration and Bylaws - (a) All provisions of the declaration and bylaws are severable....

§36B-2-104. Description of Units - A description of a unit which sets forth the name...

§36B-2-105. Contents of Declaration - (a) The declaration must contain: (1) The names of the...

§36B-2-106. Leasehold Common Interest Communities - (a) Any lease, the expiration or termination of which may...

§36B-2-107. Allocation of Allocated Interests - (a) The declaration must allocate to each unit: (i) In...

§36B-2-108. Limited Common Elements - (a) Except for the limited common elements described in section...

§36B-2-109. Plats and Plans - (a) Plats and plans are a part of the declaration...

§36B-2-110. Exercise of Development Rights - (a) To exercise any development right reserved under section 2-105(a)(8),...

§36B-2-111. Alterations of Units - Subject to the provisions of the declaration and other provisions...

§36B-2-112. Relocation of Boundaries Between Adjoining Units - (a) Subject to the provisions of the declaration and other...

§36B-2-113. Subdivision of Units - (a) If the declaration expressly so permits, a unit may...

§36B-2-114. Monuments as Boundaries - The existing physical boundaries of a unit or the physical...

§36B-2-115. Use for Sales Purposes - A declarant may maintain sales offices, management offices and models...

§36B-2-116. Easement Rights - (a) Subject to the provisions of the declaration, a declarant...

§36B-2-117. Amendment of Declaration - (a) Except in cases of amendments that may be executed...

§36B-2-118. Termination of Common Interest Community - (a) Except in the case of a taking of all...

§36B-2-119. Rights of Secured Lenders - The declaration may require that all or a specified number...

§36B-2-120. Master Associations - (a) If the declaration provides that any of the powers...

§36B-2-121. Merger or Consolidation of Common Interest Communities - (a) Any two or more common interest communities of the...

§36B-2-122. Addition of Unspecified Real Estate - In a planned community, if the right is originally reserved...

Article 3. Management of the Common Interest Community

§36B-3-101. Organization of Unit Owners' Association - A unit owners' association must be organized no later than...

§36B-3-102. Powers of Unit Owners' Association - (a) Except as provided in subsection (b), and subject to...

§36B-3-103. Executive Board Members and Officers - (a) Except as provided in the declaration, the bylaws, subsection...

§36B-3-104. Transfer of Special Declarant Rights - (a) A special declarant right (section 1-103(29)) created or reserved...

§36B-3-105. Termination of Contracts and Leases of Declarant - If entered into before the executive board elected by the...

§36B-3-106. Bylaws - (a) The bylaws of the association must provide: (1) The...

§36B-3-107. Upkeep of Common Interest Community - (a) Except to the extent provided by the declaration, subsection...

§36B-3-108. Meetings - A meeting of the association must be held at least...

§36B-3-109. Quorums - (a) Unless the bylaws provide otherwise, a quorum is present...

§36B-3-110. Voting; Proxies - (a) If only one of several owners of a unit...

§36B-3-111. Tort and Contract Liability - Neither the association nor any unit owner except the declarant...

§36B-3-112. Conveyance or Encumbrance of Common Elements - (a) In a condominium or planned community, portions of the...

§36B-3-113. Insurance - (a) Commencing not later than the time of the first...

§36B-3-114. Surplus Funds - Unless otherwise provided in the declaration, any surplus funds of...

§36B-3-115. Assessments for Common Expenses - (a) Until the association makes a common expense assessment, the...

§36B-3-116. Lien for Assessments - (a) The association has a lien on a unit for...

§36B-3-117. Other Liens - (a) In a condominium or planned community: (1) Except as...

§36B-3-118. Association Records - The association shall keep financial records sufficiently detailed to enable...

§36B-3-119. Association as Trustee - With respect to a third person dealing with the association...

Article 4. Protection of Purchasers

§36B-4-101. Applicability; Waiver - (a) This article applies to all units subject to this...

§36B-4-102. Liability for Public Offering Statement Requirements - (a) Except as provided in subsection (b), a declarant, before...

§36B-4-103. Public Offering Statement; General Provisions - (a) Except as provided in subsection (b), a public offering...

§36B-4-104. Same -- Common Interest Communities Subject to Development Rights - If the declaration provides that a common interest community is...

§36B-4-105. Same -- Time Shares - If the declaration provides that ownership or occupancy of any...

§36B-4-106. Same -- Common Interest Communities Containing Conversion Buildings - (a) The public offering statement of a common interest community...

§36B-4-107. Same -- Common Interest Community Securities - If an interest in a common interest community is currently...

§36B-4-108. Purchaser's Right to Cancel - (a) A person required to deliver a public offering statement...

§36B-4-109. Resales of Units - (a) Except in the case of a sale in which...

§36B-4-110. Escrow of Deposits - Any deposit made in connection with the purchase or reservation...

§36B-4-111. Release of Liens - (a) In the case of a sale of a unit...

§36B-4-112. Conversion Buildings - (a) A declarant of a common interest community containing conversion...

§36B-4-113. Express Warranties of Quality - (a) Express warranties made by any seller to a purchaser...

§36B-4-114. Implied Warranties of Quality - (a) A declarant and any dealer warrants that a unit...

§36B-4-115. Exclusion or Modification of Implied Warranties of Quality - (a) Except as limited by subsection (b) with respect to...

§36B-4-116. Statute of Limitations for Warranties - (a) A judicial proceeding for breach of any obligation arising...

§36B-4-117. Effect of Violations on Rights of Action; Attorney's Fees - If a declarant or any other person subject to this...

§36B-4-118. Labeling of Promotional Material - No promotional material may be displayed or delivered to prospective...

§36B-4-119. Declarant's Obligation to Complete and Restore - (a) Except for improvements labeled "Need Not Be Built", the...

§36B-4-120. Substantial Completion of Units - In the case of a sale of a unit in...

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West Virginia Code Chapter 36B. Uniform Common Interest Ownership Act

West Virginia Code
Chapter 36B. Uniform Common Interest Ownership Act