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WV Code § 36A-5-1 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 5. Recording|§36A-5-1. Instruments Recordable

All instruments relating to the property or any unit, including the instruments provided for in this chapter, shall be entitled to be recorded, provided that they are acknowledged or proved in the manner provided by law.
WV Code § 36A-5-2 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 5. Recording|§36A-5-2. Recording a Prerequisite to Effectiveness of Certain Instruments

No declaration, declaration plan or code of regulations, or any amendments thereto, shall be effective until the same have been duly recorded.
WV Code § 36A-5-3 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 5. Recording|§36A-5-3. Place of Recording

The clerk shall record declarations, deeds of units, codes of regulations, and revocations in the same records as are maintained for the recording of deeds of real property. Mortgages relating to units shall be recorded in the same records as are maintained by the clerk for the recording of real estate mortgages. Declaration plans, and any and all amendments thereto, shall be recorded in the same records as are maintained for the recording of subdivision plans.
WV Code § 36A-5-4 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 5. Recording|§36A-5-4. Indexing by Recording Officer

The clerk shall index each declaration against the maker thereof as the grantor and the name by which the property is identified therein as the grantee. The clerk shall index each declaration plan and code of regulations and any revocation in the name by which the property is identified therein in both the grantor index and the grantee index. The clerk shall index each unit deed and mortgage and lease covering a unit in the same manner as like instruments are indexed.
WV Code § 36A-5-5 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 5. Recording|§36A-5-5. Recording Fees

The clerk shall be entitled to charge the same fees for recording instruments which are recordable under this chapter as the clerk is entitled to charge for like services with respect to the recording of various similar instruments under the general law.
WV Code § 36A-6-1 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 6. Removal of Property From Provisions of Chapter; Resubmission|§36A-6-1. Removal

Property may be removed from the provisions of this chapter by a revocation expressing the intention to so remove property previously made subject to the provisions of this chapter. No such revocation shall be effective unless the same is executed by all of the unit owners and by the holders of all mortgages, judgments or other liens affecting the units and is duly recorded.
WV Code § 36A-6-2 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 6. Removal of Property From Provisions of Chapter; Resubmission|§36A-6-2. Effect of Removal

When property subject to the provisions of this chapter has been removed as provided in section one of this article, the former unit owners shall, at the time such removal becomes effective, become tenants in common of the property. The undivided interest in the property owned in common which shall appertain to each unit owner at the time of removal shall be the percentage of undivided interest previously owned by such person in the common elements.
WV Code § 36A-6-3 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 6. Removal of Property From Provisions of Chapter; Resubmission|§36A-6-3. Resubmission

The removal of property from the provisions of this chapter shall not preclude such property from being resubmitted to the provisions of the chapter in the manner herein provided.
WV Code § 36A-7-1 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 7. Assessments, Taxation and Liens|§36A-7-1. Assessments and Taxes

Each unit and its proportionate undivided interest in the common elements as determined by the declaration and any amendments thereof shall be assessed and taxed for all purposes as a separate parcel of real estate entirely independent of the building or property of which the unit is a part. Neither the building, the property nor any of the common elements shall be assessed or taxed separately after the declaration and declaration plan are recorded, nor shall the same be subject to assessment or taxation, except as the units and their proportionate undivided interests in the common elements are assessed and taxed pursuant to the provisions of this section.
WV Code § 36A-7-2 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 7. Assessments, Taxation and Liens|§36A-7-2. Assessment of Charges

All sums assessed by resolutions duly adopted by the council against any unit for the share of common expenses chargeable to that unit shall constitute the personal liability of the owner of the unit so assessed and shall, until fully paid, together with interest thereon at the rate of six percent per annum from the thirtieth day following the adoption of such resolutions, constitute a charge against such unit which shall be enforceable as provided in section three of this article.
WV Code § 36A-7-3 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 7. Assessments, Taxation and Liens|§36A-7-3. Method of Enforcing Charges

Any charge assessed against a unit may be enforced by a civil action by the council acting on behalf of the unit owners, provided that each suit when filed shall refer to this chapter and to the unit against which the assessment is made and the owner thereof and shall be indexed by the clerk of the county court of the county in which the unit is situate as lis pendens. Any judgment against a unit and its owner shall be enforceable in the same manner as is otherwise provided by law.
WV Code § 36A-7-4 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 7. Assessments, Taxation and Liens|§36A-7-4. Mechanics' Liens Against Units

Any mechanics' liens arising as a result of repairs to or improvements of a unit by a unit owner shall be liens only against such unit. Any mechanics' liens arising as a result of repairs to or improvements of the common elements, if authorized in writing pursuant to a duly adopted resolution of the council, shall be paid by the council as a common expense and until so paid shall be liens against each unit in a percentage equal to the proportionate share of the common elements relating to such unit.
WV Code § 36A-7-5 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 7. Assessments, Taxation and Liens|§36A-7-5. Unpaid Assessments at Time of Voluntary Sale of Unit

Upon the voluntary sale or conveyance of a unit, the purchaser shall be jointly and severally liable with the seller for all unpaid assessments for common expenses which are a charge against the unit as of the date of the sale or conveyance, but such joint and several liability shall be without prejudice to the purchaser's right to recover from the seller the amount of any such unpaid assessments which the purchaser may pay, and until any such assessments are paid they shall continue to be charged against the unit which may be enforced in the manner set forth in section three of this article: Provided, however, That any person who shall have entered into a written agreement to purchase a unit shall be entitled to obtain a written statement from the treasurer setting forth the amount of unpaid assessments charged against the unit and its owners, and if such statement does not reveal the full amount of the unpaid assessments as of the date it is rendered, neither the purchaser nor the unit shall be liable for the payment of an amount in excess of the unpaid assessments shown thereon. Any such excess which cannot be promptly collected from the former unit owner may be reassessed by the council as a common expense to be collected from all of the unit owners, including the purchaser, his successors and assigns.
WV Code § 36A-8-1 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 8. Miscellaneous|§36A-8-1. Insurance

The council shall, if required by the declaration, the code of regulations or by a majority of the unit owners, insure the building against loss or damage by fire and such other hazards as shall be required or requested, without prejudice to the right of each unit owner to insure his own unit for his own benefit. The premiums for such insurance on the building shall be deemed common expenses.
WV Code § 36A-8-2 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 8. Miscellaneous|§36A-8-2. Repair or Reconstruction

Except as hereinafter provided, damage to or destruction of the building or of one or more of several buildings which comprise the property shall be promptly repaired and restored by the council using the proceeds of insurance held by the council, if any, for that purpose, and the unit owners directly affected thereby shall be liable for assessment for any deficiency in proportion to their respective undivided ownership of the common elements: Provided, however, That if there is substantially total destruction of the building or of one or more of several buildings which comprise the property, or if seventy-five percent of the unit owners directly affected thereby duly resolve not to proceed with repair or restoration, then, and in that event, the salvage value of the property or of the substantially destroyed building or buildings shall be subject to partition at the suit of any unit owner directly affected thereby, in which event the net proceeds of sale, together with the net proceeds of insurance policies held by the council, if any, shall be considered as one fund and shall be divided among all the unit owners directly affected thereby in proportion to their respective undivided ownership of the common elements, after discharging, out of the respective shares of unit owners directly affected thereby, to the extent sufficient for the purpose, all liens against the units of such unit owners.
WV Code § 36A-8-3 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 8. Miscellaneous|§36A-8-3. Severability

If any provision of this chapter, or any section, sentence, clause, phrase or word, or the application thereof in any circumstance is held invalid, the validity of the remainder of the chapter and of the application of any such provision, section, sentence, clause, phrase or word in any other circumstances, shall not be affected thereby.
WV Code § 36B-1-101 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-101. Short Title

§36B-1-101. Short Title.This chapter may be cited as the Uniform Common Interest Ownership Act.
WV Code § 36B-1-102 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-102. Applicability

Applicability of this chapter is governed by Part II of this article.
WV Code § 36B-1-104 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-104. Variation by Agreement

Except as expressly provided in this chapter, provisions herein may not be varied by agreement, and rights conferred may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
WV Code § 36B-1-105 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-105. Separate Titles and Taxation

(a) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property. (That interest is subject to the provisions of all homestead exemptions from taxation provided by law, even if it is personal property.)(b) In a condominium or planned community:(1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.(2) If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights.(c) Any portion of the common elements for which the declarant has reserved any development right must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.(d) If there is no unit owner other than a declarant, the real estate comprising the common interest community may be taxed and assessed in any manner provided by law.
WV Code § 36B-1-106 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-106. Applicability of Local Ordinances, Regulations and Building Codes

(a) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership.(b) In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.(c) Except as provided in subsections (a) and (b) of this section, the provisions of this chapter do not invalidate or modify any provision of any building code, zoning, subdivision, or other real estate use law, ordinance, rule, or regulation governing the use of real estate.
WV Code § 36B-1-107 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-107. Eminent Domain

(a) If a unit is acquired by eminent domain, or part of a unit is acquired by eminent domain, leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated interests, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaing after part of a unit is taken under this subsection is thereafter a common element.(b) Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, (i) that unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration and (ii) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and to the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.(c) If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.(d) The court decree must be recorded in every county in which any portion of the common interest community is located.
WV Code § 36B-1-108 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-108. Supplemental General Principles of Law Applicable

The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.
WV Code § 36B-1-109 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-109. Construction Against Implicit Repeal

This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can be reasonably be avoided.
WV Code § 36B-1-110 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-110. Uniformity of Application and Construction

This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
WV Code § 36B-1-111 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-111. Unconscionable Agreement or Term of Contract

(a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.(b) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, must be afforded a reasonable opportunity to present evidence as to:(1) The commercial setting of the negotiations;(2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his interests by reason of physical or mental infirmity, illiteracy, inability to understand the language of the agreement, or similar factors;(3) The effect and purpose of the contract or clause; and(4) If a sale, any gross disparity, at the time of contracting, between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transactions. A disparity between the contract price and the value of the property measured by the price at which similar property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.
WV Code § 36B-1-112 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-112. Obligation of Good Faith

Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
WV Code § 36B-1-113 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-113. Remedies to Be Liberally Administered

(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.(b) Any right or obligation declared by this chapter is enforceable by judicial proceeding.
WV Code § 36B-1-114 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-114. Adjustment of Dollar Amounts

(a) From time to time the dollar amounts specified in sections 1-203 and 4-101(b)(7) must change, as provided in subsections (b) and (c), according to and to the extent of changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers: United States City Average, All Items 1967=100, compiled by the Bureau of Labor Statistics, United States Department of Labor, (the "Index"). The Index for December, 1979, which was 230, is the Reference Base Index.(b) The dollar amounts specified in sections 1-203 and 4- 101(b)(7), and any amount stated in the declaration pursuant to those sections, must change July 1 of each year if the percentage of change, calculated to the nearest whole percentage point, between the Index at the end of the preceding year and the Reference Base Index is ten percent or more, but(i) The portion of the percentage change in the Index in excess of a multiple of ten percent must be disregarded and the dollar amounts shall change only in multiples of ten percent of the amounts appearing in this chapter on the date of enactment;(ii) The dollar amounts must not change if the amounts required by this section are those currently in effect pursuant to this chapter as a result of earlier application of this section; and(iii) In no event may the dollar amounts be reduced below the amounts appearing in this chapter on the date of enactment.(c) If the Index is revised after December, 1979, the percentage of change pursuant to this section must be calculated on the basis of the revised Index. If the revision of the Index Changes the Reference Base Index, a revised Reference Base Index must be determined by multiplying the Reference Base Index then applicable by the rebasing factor furnished by the Bureau of Labor Statistics. If the Index is superseded, the Index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for consumers.
WV Code § 36B-1-201 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-201. Applicability to New Common Interest Communities

§36B-1-201. Applicability to new common interest communities. Except as provided in sections 1-202 and 1-203, this chapter applies to all common interest communities created within this state after the effective date of this chapter. The provisions of chapter fifty-three, acts of the Legislature, one thousand nine hundred sixty-three, chapter one hundred twenty-nine, acts of the Legislature, one thousand nine hundred eighty, and chapter thirty-eight, acts of the Legislature, one thousand nine hundred eighty-four, do not apply to common interest communities created after the effective date of this chapter.
WV Code § 36B-1-202 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 1. General Provisions|§36B-1-202. Same -- Exception for Small Cooperatives

If a cooperative contains only units restricted to nonresidential use, or contains no more than twelve units and is not subject to any development rights, it is subject only to sections 1-106, (applicability of local ordinances, regulations, and building codes) and 1-107 (eminent domain) of this chapter, unless the declaration provides that the entire chapter is applicable.