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WV Code § 36B-3-118 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 3. Management of the Common Interest Community|§36B-3-118. Association Records

The association shall keep financial records sufficiently detailed to enable the association to comply with section 4-109. All financial and other records must be made reasonably available for examination by any unit owner and his authorized agents.
WV Code § 36B-3-119 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 3. Management of the Common Interest Community|§36B-3-119. Association as Trustee

With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
WV Code § 36B-4-101 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-101. Applicability; Waiver

(a) This article applies to all units subject to this chapter except as provided in subsection (b) or as modified or waived by agreement of purchasers of units in a common interest community in which all units are restricted to nonresidential use.(b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:(1) A gratuitous disposition of a unit;(2) A disposition pursuant to court order;(3) A disposition by a government or governmental agency;(4) A disposition by foreclosure or deed in lieu of foreclosure;(5) A disposition to a dealer;(6) A disposition that may be canceled at any time and for any reason by the purchaser without penalty; or(7) A disposition of a unit in a planned community in which the declaration limits the maximum annual assessment of any unit to not more than $500, as adjusted pursuant to section 1-114 (Adjustment of dollar amounts) if:(i) The declarant has a reasonable and good faith belief that the maximum stated assessment will be sufficient to pay the expenses of the planned community;(ii) The declaration cannot be amended to increase the assessment during the period of declarant or declarant's family control without the consent of a majority of unit owners other than the declarant; and(iii) The planned community is not subject to any development rights.
WV Code § 36B-4-102 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-102. Liability for Public Offering Statement Requirements

(a) Except as provided in subsection (b), a declarant, before offering any interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of sections 4-103, 4-104, 4-105 and 4-106.(b) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant section 3-104 or to a dealer who intends to offer units in the common interest community. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a).(c) Any declarant or dealer who offers a unit to a purchaser shall deliver a public offering statement in the manner prescribed in subsection 4-108(a). The person who prepared all or a part of the public offering statement is liable under sections 4-108 and 4-117 for any false or misleading statement set forth therein or for any omission of a material fact therefrom with respect to that portion of the public offering statement which he prepared. If a declarant did not prepare any part of a public offering statement that he delivers, he is not liable for any false or misleading statement set forth therein or for any omission of a material fact therefrom unless he had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission.(d) If a unit is part of a common interest community and is part of any other real estate regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this state, a single public offering statement conforming to the requirements of sections 4- 103, 4-104, 4-105 and 4-106 as those requirements relate to each regime in which the unit is located, and to any other requirements imposed under the laws of this state, may be prepared and delivered in lieu of providing two or more public offering statements.
WV Code § 36B-4-105 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-105. Same -- Time Shares

If the declaration provides that ownership or occupancy of any units, is or may be in time shares, the public offering statement shall disclose, in addition to the information required by section 4-103:(1) The number and identity of units in which time shares may be created;(2) The total number of time shares that may be created;(3) The minimum duration of any time shares that may be created; and(4) The extent to which the creation of time shares will or may affect the enforceability of the association's lien for assessments provided in section 3-116.
WV Code § 36B-4-106 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-106. Same -- Common Interest Communities Containing Conversion Buildings

(a) The public offering statement of a common interest community containing any conversion building must contain, in addition to the information required by section 4-103;(1) A statement by the declarant, based on a report prepared by an independent (registered) architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building;(2) A statement by the declarant of the expected useful life of each item reported on in paragraph (1) or a statement that no representations are made in that regard; and(3) A list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations.(b) This section applies only to buildings containing units that may be occupied for residential use.
WV Code § 36B-4-107 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-107. Same -- Common Interest Community Securities

If an interest in a common interest community is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of a public offering statement of this chapter if he delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission.
WV Code § 36B-4-108 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-108. Purchaser's Right to Cancel

(a) A person required to deliver a public offering statement pursuant to section 4-102(c) shall provide a purchaser with a copy of the public offering statement and all amendments thereto before conveyance of the unit, and not later than the date of any contract of sale. Unless a purchaser is given the public offering statement more than fifteen days before execution of a contract for the purchase of a unit, the purchaser, before conveyance, may cancel the contract within fifteen days after first receiving the public offering statement.(b) If a purchaser elects to cancel a contract pursuant to subsection (a), he may do so by hand delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.(c) If a person required to deliver a public offering statement pursuant to section 4-102(c) fails to provide a purchaser to whom a unit is conveyed with that public offering statement and all amendments thereto as required by subsection (a), the purchaser, in addition to any rights to damages or other relief, is entitled to receive from that person an amount equal to ten percent of the sale price of the unit, plus ten percent of the share, proportionate to his common expense liability, of any indebtedness of the association secured by security interests encumbering the common interest community: Provided, That purchaser must show that he or she has been actually damaged as a result of the failure to provide such offering statement and that his or her action to recover such damage and the penalty provided in this subsection is instituted within three years from the date on which purchaser's right of action shall have accrued.
WV Code § 36B-4-110 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-110. Escrow of Deposits

Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to section 4-102(c) must be placed in escrow and held either in this state or in the state where the unit is located in an account designated solely for that purpose by an institution whose accounts are insured by a governmental agency or instrumentality until: (i) Delivered to the declarant at closing; (ii) delivered to the declarant because of the purchaser's default under a contract to purchase the unit; or (iii) refunded to the purchaser.
WV Code § 36B-4-111 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-111. Release of Liens

(a) In the case of a sale of a unit where delivery of a public offering statement is required pursuant to section 4- 102(c), a seller:(1) Before conveying a unit, shall record or furnish to the purchaser releases of all liens, except liens on real estate that a declarant has the right to withdraw from the common interest community, that the purchaser does not expressly agree to take subject to or assume and that encumber:(i) In a condominium, that unit and its common element interest; and(ii) In a cooperative or planned community, that unit and any limited common elements assigned thereto, or(2) Shall provide a surety bond or substitute collateral for or insurance against the lien.(b) Before conveying real estate to the association, the declarant shall have that real estate released from: (1) All liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units; and (2) all other liens on that real estate unless the public offering statement describes certain real estate that may be conveyed subject to liens in specified amounts.
WV Code § 36B-4-112 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-112. Conversion Buildings

(a) A declarant of a common interest community containing conversion buildings, and any dealer who intends to offer units in such a common interest community, shall give each of the residential tenants and any residential subtenant in possession of a portion of a conversion building notice of the conversion and provide those persons with the public offering statement no later than one hundred twenty days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and must be hand delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than one hundred twenty days' notice, except by reason of nonpayment of rent, waste, or conduct that disturbs other tenants' peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession.(b) For sixty days after delivery or mailing of the notice described in subsection (a), the person required to give the notice shall offer to convey each unit or proposed unit occupied for residential use to the tenant who leases that unit. If a tenant fails to purchase the unit during that sixty day period, the offeror may not offer to dispose of an interest in that unit during the following one hundred eighty days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant. This subsection does not apply to any unit in a conversion building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion.(c) If a seller, in violation of subsection (b), conveys a unit to a purchaser for value who has no knowledge of the violation, the recordation of the deed conveying the unit or, in a cooperative, the conveyance of the unit, extinguishes any right a tenant may have under subsection (b) to purchase that unit if the deed states that the seller has complied with subsection (b), but the conveyances does not affect the right of a tenant to recover damages from the seller for a violation of subsection (b).(d) Nothing in this section permits termination of a lease by a declarant in violation of its terms.
WV Code § 36B-4-113 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-113. Express Warranties of Quality

(a) Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:(1) Any affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the common interest community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;(2) Any model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will conform to the model or description;(3) Any description of the quantity or extent of the real estate comprising the common interest community, including plats or surveys, creates an express warranty that the common interest community will conform to the description, subject to customary tolerances; and(4) A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful.(b) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.(c) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.
WV Code § 36B-4-114 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-114. Implied Warranties of Quality

(a) A declarant and any dealer warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.(b) A declarant and any dealer impliedly warrants that a unit and the common elements in the common interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by him or made by any person before the creation of the common interest community, will be:(1) Free from defective materials; and(2) Constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner.(c) In addition, a declarant and any dealer warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.(d) Warranties imposed by this section may be excluded or modified as specified in section 4-115.(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant, section 1- 103(1), are made or contracted for by the declarant.(f) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.
WV Code § 36B-4-115 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-115. Exclusion or Modification of Implied Warranties of Quality

(a) Except as limited by subsection (b) with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:(1) May be excluded or modified by agreement of the parties; and(2) Are excluded by expression of disclaimer, such as "as is", "with all faults" or other language that in common understanding calls the purchaser's attention to the exclusion of warranties.(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant and any dealer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.
WV Code § 36B-4-116 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-116. Statute of Limitations for Warranties

(a) A judicial proceeding for breach of any obligation arising under section 4-113 or 4-114 must be commenced within six years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than two years. With respect to a unit that may be occupied for residential use, an agreement to reduce the period of limitation must be evidenced by a separate instrument executed by the purchaser.(b) Subject to subsection (c), a cause of action for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:(1) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and(2) As to each common element, at the time the common element is completed or, if later, as to: (i) A common element that may be added to the common interest community or portion thereof, at the time the first unit therein is conveyed to a bona fide purchaser: or (ii) a common element within any other portion of the common interest community, at the time the first unit is conveyed to a bona fide purchaser.(c) If a warranty of quality explicity extends to future performance or duration of any improvement or component of the common interest community, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
WV Code § 36B-4-117 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-117. Effect of Violations on Rights of Action; Attorney's Fees

If a declarant or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for a willful failure to comply with this chapter. The court, in an appropriate case, may award reasonable attorney's fees.
WV Code § 36B-4-118 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-118. Labeling of Promotional Material

No promotional material may be displayed or delivered to prospective purchasers which describes or portrays an improvement that is not in existence unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified either as "MUST BE BUILT" or as "NEED NOT BE BUILT".
WV Code § 36B-4-119 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-119. Declarant's Obligation to Complete and Restore

(a) Except for improvements labeled "Need Not Be Built", the declarant shall complete all improvements depicted on any site plan or other graphic representation, including any plats or plans prepared pursuant to section 2-109, whether or not that site plan or other graphic representation is contained in the public offering statement or in any promotional material distributed by or for the declarant.(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the common interest community, of any portion of the common interest community affected by the exercise of rights reserved pursuant to or created by sections 2-110, 2-111, 2-112, 2-113, 2-115, 2-116.
WV Code § 36B-4-120 (2021)
2021 West Virginia Code|Chapter 36B. Uniform Common Interest Ownership Act|Article 4. Protection of Purchasers|§36B-4-120. Substantial Completion of Units

In the case of a sale of a unit in which delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed, until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an independent registered architect, surveyor or engineer, or by issuance of a certificate of occupancy authorized by law.
WV Code § 37-1-1 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 1. Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust|§37-1-1. Renewal of Lease by or to Persons Under Disability

Where an infant, insane person, or convict is entitled to or bound to renew any lease, any person on behalf of such infant, insane person, or convict, or any person interested, may apply by petition or motion in a summary way, to the circuit court of the county in which the land leased or some part thereof may lie, and by the order of such court, any person appointed by it may, from time to time, surrender or accept a surrender of such lease, or take or make a new lease of the same premises for such term, and with such provisions as the court shall direct. Such reasonable sums as may be incurred to renew any such lease shall, with interest thereon, be paid out of the profits of the leasehold premises and be a charge thereon until such payment.