reglab/housing_qa huggingface dataset:
WV Code § 36-12-7 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-7. Transfer on Death Deed Nontestamentary

A transfer on death deed is nontestamentary.
WV Code § 36-12-8 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-8. Capacity of Transferor

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
WV Code § 36-12-9 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-9. Requirements

A transfer on death deed:(1) Except as otherwise provided in subdivision (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;(2) Must state that the transfer to the designated beneficiary is to occur at the transferor's death; and(3) Must be recorded before the transferor's death in the office of the clerk of the county commission in the county where the property is located: Provided, That, notwithstanding section two, article twenty-two, chapter eleven of this code, a transfer on death deed is exempt from the payment of excise tax on the privilege of transferring real estate for the reason that no interest in the property is at the time of recording being passed to the beneficiary and the deed remains revocable until the death of the transferor.
WV Code § 36-12-10 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-10. Notice, Delivery, Acceptance and Consideration Not Required

A transfer on death deed is effective without:(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or(2) Consideration.
WV Code § 36-12-11 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-11. Revocation by Instrument Authorized; Revocation by Act Not Permitted

(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:(1) Is one of the following:(A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;(B) An instrument of revocation that expressly revokes the deed or part of the deed; or(C) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and(2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the clerk of the county commission of the county where the deed is recorded.(b) If a transfer on death deed is made by more than one transferor:(1) Revocation by a transferor does not affect the deed as to the interest of another transferor; and(2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners.(c) After a transfer on death deed is recorded it may not be revoked by a revocatory act on the deed.(d) This section does not limit the effect of an inter vivos transfer of the property.
WV Code § 36-12-12 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-12. Effect of Transfer on Death Deed During Transferor's Life

During a transferor's life, a transfer on death deed does not:(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor even if the creditor has actual or constructive notice of the deed;(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;(5) Create a legal or equitable interest in favor of the designated beneficiary; or(6) Subject the property to claims or process of a creditor of the designated beneficiary.
WV Code § 36-12-13 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-13. Effect of Transfer on Death Deed at Transferor's Death

(a) Except as otherwise provided in the transfer on death deed in this article, section six, article one, chapter forty-one of this code, section three, article three, chapter forty-one of this code, article three, chapter forty-two of this code, section two, article four, chapter forty-two of this code or article five, chapter forty-two of this code, on the death of the transferor the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:(1) Subject to subdivision (2) of this subsection, the interest in the property is transferred to the designated beneficiary in accordance with the deed.(2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.(3) Subject to subdivision (4) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.(4) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.(b) Subject to article two, chapter thirty-nine and chapter thirty-eight of this code, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens and other interests to which the property is subject at the transferor's death. For purposes of this subsection, article two, chapter thirty-nine and chapter thirty-eight of this code, the recording of the transfer on death deed is deemed to have occurred at the transferor's death.(c) If a transferor is a joint owner and is:(1) Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or(2) The last surviving joint owner, the transfer on death deed is effective.(d) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
WV Code § 36-12-14 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-14. Disclaimer

A beneficiary may disclaim all or part of the beneficiary's interest as provided by article six, chapter forty-two of this code.
WV Code § 36-12-15 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-15. Prior Transfer on Death Liberally Construed

(a) Any transfer on death deed properly recorded in an office of the clerk of a county commission before the effective date of this article containing language that shows a clear intent to designate a transfer on death beneficiary shall be liberally construed to do so.(b) Any survivorship clause in a deed properly recorded before the effective date of this article in an office of the clerk of a county commission that attempts to create a right of survivorship tenancy, which survivorship tenancy otherwise fails, but otherwise is an effective deed, and shows a clear intent to designate a beneficiary to receive the property upon death of one or more cotenants by survivorship shall be liberally construed to be an effective transfer on death deed governed by this article.
WV Code § 36-12-16 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-16. Uniformity of Application and Construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
WV Code § 36-12-17 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 12. Uniform Real Property Transfer on Death Act|§36-12-17. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U. S. C. §7001, et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U. S. C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U. S. C. §7003(b).
WV Code § 36A-1-1 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 1. Preliminary Provisions|§36A-1-1. Short Title

This chapter shall be known and may be cited as the "Unit Property Act."
WV Code § 36A-1-3 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 1. Preliminary Provisions|§36A-1-3. Application of Chapter

The provisions of this chapter shall be applicable only to real property, the sole owner or all the owners of which submit the same to the provisions hereof by a duly recorded declaration.
WV Code § 36A-2-1 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 2. General Provisions|§36A-2-1. Status of Units; Ownership

Each unit, together with its proportionate undivided interest in the common elements, is for all purposes real property and the ownership of each unit, together with its proportionate undivided interest in the common elements, is for all purposes the ownership of real property.
WV Code § 36A-2-2 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 2. General Provisions|§36A-2-2. Common Elements

The percentage of undivided interest in the common elements assigned to each unit shall be set forth in the declaration and such percentage shall not be altered except by recording an amended declaration duly executed by all of the unit owners affected thereby. The undivided interest in the common elements may not be separated from the unit to which such interest pertains and shall be deemed to be conveyed, leased or encumbered with the unit even though such interest is not expressly referred to or described in the deed, lease, mortgage or other instrument. The common elements shall remain undivided and no owner may exempt himself from liability with respect to the common expenses by waiver of the enjoyment of the right to use any of the common elements or by the abandonment of his unit or otherwise, and no action for partition or division of any part of the common elements shall be permitted, except as provided in section two, article eight of this chapter. Each unit owner or lessee thereof may use the common elements in accordance with the purpose for which they are intended. The maintenance and repair of the common elements and the making of any additions or improvements thereto shall be carried out only as provided in the code of regulations.
WV Code § 36A-2-3 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 2. General Provisions|§36A-2-3. Invalidity of Contrary Agreements

Any agreement contrary to the provisions of this chapter shall be void and of no effect.
WV Code § 36A-3-1 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-1. Administration Governed by Code of Regulations

The administration of every property shall be governed by a code of regulations, a true and correct copy of which, and all duly adopted amendments of which, shall be duly recorded.
WV Code § 36A-3-2 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-2. Adoption, Amendment or Repeal of Code of Regulations

The council has authority to make, alter, amend and repeal the code of regulations, subject to the right of a majority of the unit owners to change any such actions.
WV Code § 36A-3-3 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-3. Contents of Code of Regulations

The code of regulations shall provide for at least the following and may include other lawful provisions:(a) Identification of the property by reference to the place of record of the declaration and the declaration plan;(b) The method of calling meetings of unit owners and meetings of the council;(c) The number of unit owners and the number of members of council which shall constitute a quorum for the transaction of business;(d) The number and qualification of members of council, the duration of the term of such members and the method of filling vacancies;(e) The annual election by the council of a president, secretary and treasurer and any other officers which the code of regulations may specify;(f) The duties of each officer, the compensation and removal of officers and the method of filling vacancies;(g) Maintenance, repair and replacement of the common elements and payment of the cost thereof;(h) The manner of collecting common expenses from unit owners; and(i) The method of adopting and of amending rules governing the details of the use and operation of the property and the use of the common elements.
WV Code § 36A-3-4 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-4. Compliance by Owners With Code of Regulations, Administrative Provisions, etc.

Each unit owner shall comply with the code of regulations and with such rules governing the details of the use and operation of the property and the use of the common elements as may be in effect from time to time, and with the covenants, conditions and restrictions set forth in the declaration or in the deed to his unit or in the declaration plan.
WV Code § 36A-3-5 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-5. Remedy for Noncompliance With Code of Regulations, Administrative Provisions, etc.

Failure to comply with the code of regulations and with such rules governing the details of the use and operation of the property and the use of the common elements as may be in effect from time to time and with the covenants, conditions and restrictions set forth in the declaration or in deeds of units or in the declaration plan shall be grounds for an action for the recovery of damages or for injunctive relief, or both, maintainable by any member of the council on behalf of the council or the unit owners or, in a proper case, by an aggrieved unit owner or by any person who holds a mortgage lien upon a unit and is aggrieved by any such noncompliance.
WV Code § 36A-3-6 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-6. Duties of Council

The duties of the council shall include the following:(a) The maintenance, repair and replacement of the common elements;(b) The assessment and collection of funds from unit owners for common expenses and the payment of such common expenses;(c) The adoption and amendment of the code of regulations and the promulgation, distribution and enforcement of rules governing the details of the use and operation of the property and the use of the common elements, subject to the right of a majority of the unit owners to change any such actions; and(d) Any other duties which may be set forth in the declaration or code of regulations.
WV Code § 36A-3-7 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-7. Powers of Council

Subject to the limitations and restrictions contained in this chapter, the council shall on behalf of the unit owners:(a) Have power to manage the business, operation and affairs of the property and for such purposes to engage employees and appoint agents and to define their duties and fix their compensation, enter into contracts and other written instruments or documents and to authorize the execution thereof by officers elected by the council; and(b) Have such incidental powers as may be appropriate to the performance of their duties.
WV Code § 36A-3-8 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-8. Work on Common Elements

The maintenance, repair and replacement of the common elements and the making of improvements or additions thereto shall be carried on only as provided in the code of regulations.
WV Code § 36A-3-9 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-9. Certain Work Prohibited

No unit owner shall do any work on his unit or the common elements which would jeopardize the soundness or safety of the property or impair any easement or hereditament without the unanimous consent of the unit owners affected thereby.
WV Code § 36A-3-10 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-10. Easements for Work

The council shall have an easement to enter any unit to maintain, repair or replace the common elements, as well as to make repairs to units if such repairs are reasonably necessary for public safety or to prevent damage to other units or to the common elements.
WV Code § 36A-3-11 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-11. Common Profits and Expenses

The common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners according to the percentage of the undivided interest of each in the common elements as set forth in the declaration and any amendments thereto.
WV Code § 36A-3-12 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-12. Voting by Unit Owners

At any meeting of unit owners, each unit owner shall be entitled to the same number of votes as the percentage of ownership in the common elements assigned to his unit in the declaration and any amendments thereto.
WV Code § 36A-3-13 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 3. Administrative Provisions|§36A-3-13. Records of Receipts and Expenditures; Examination by Owners; Records of Assessments

The treasurer shall keep detailed records of all receipts and expenditures, including expenditures affecting the common elements, specifying and itemizing the maintenance, repair and replacement expenses of the common elements and any other expenses incurred. Such records shall be available for examination by the unit owners during regular business hours. In accordance with the actions of the council assessing common expenses against the units and unit owners, he shall keep an accurate record of such assessments and of the payment thereof by each unit owner.
WV Code § 36A-4-1 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 4. Declarations, Conveyances, Mortgages and Leases|§36A-4-1. Contents of Declaration

The declaration shall contain the following:(a) A reference to this chapter and an expression of the intention to submit the property to the provisions of this chapter;(b) A description of the land and building;(c) The name by which the property will be known;(d) A statement that the property is to consist of units and common elements as shown in a declaration plan;(e) A description of the common elements and the proportionate undivided interest, expressed as a percentage, assigned to each unit therein, which percentages shall aggregate one hundred percent;(f) A statement that the proportionate undivided interest in the common elements may be altered by the recording of an amendment duly executed by all unit owners affected thereby;(g) A statement of the purposes or uses for which each unit is intended and restrictions, if any, as to use;(h) The names of the first members of council;(i) Any further details in connection with the property which the party or parties executing the declaration may deem appropriate.
WV Code § 36A-4-2 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 4. Declarations, Conveyances, Mortgages and Leases|§36A-4-2. Declaration Plan

The declaration plan shall bear the verified statement of a registered architect or licensed professional engineer certifying that the declaration plan fully and accurately (i) shows the property, the location of the building thereon, the building and the layout of the floors of the building, including the units and the common elements and (ii) sets forth the name by which the property will be known, and the unit designation for each unit therein.
WV Code § 36A-4-3 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 4. Declarations, Conveyances, Mortgages and Leases|§36A-4-3. Contents of Deeds of Units

Deeds of units shall include the following:(a) The name by which the property is identified in the declaration plan and the name of the political subdivision and the ward, if any, and the name of the county in which the building is situate, together with a reference to the declaration and the declaration plan, including reference to the place where both instruments and any amendments thereof are recorded;(b) The unit designation of the unit in the declaration plan and any other data necessary for its proper identification;(c) A reference to the last unit deed if the unit was previously conveyed;(d) The proportionate undivided interest, expressed as a percentage, in the common elements which is assigned to the unit in the declaration and any amendments thereof;(e) In addition to the foregoing, the first deed conveying each unit shall contain the following specific provision:"The grantee, for and on behalf of the grantee and the grantee's heirs, personal representatives, successors and assigns, by the acceptance of this deed covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the common elements as may be assessed from time to time by the council in accordance with the Unit Property Act of West Virginia, and further covenants and agrees that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except insofar as section five, article seven of said Unit Property Act may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof"; and(f) Any further details which the grantor and grantee may deem appropriate.
WV Code § 36A-4-4 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 4. Declarations, Conveyances, Mortgages and Leases|§36A-4-4. Mortgages and Other Liens of Record Affecting Property at Time of First Conveyance of Each Unit

At the time of the first conveyance of each unit following the recording of the original declaration, every mortgage and other lien of record affecting the entire building or property or a greater portion thereof than the unit being conveyed shall be paid and satisfied of record, or the unit being conveyed shall be released therefrom by partial release duly recorded.
WV Code § 36A-4-5 (2021)
2021 West Virginia Code|Chapter 36A. Condominiums and Unit Property|Article 4. Declarations, Conveyances, Mortgages and Leases|§36A-4-5. Sales, Conveyances or Leases of or Liens Upon Separate Units

Units may be sold, conveyed, mortgaged, leased or otherwise dealt with in the same manner as like dealings are conducted with respect to real property and interests therein. Every written instrument dealing with a unit shall specifically set forth the name by which the property is identified and the unit designation identifying the unit involved.