reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 36. Estates and Property › Article 9. West Virginia Real Estate Time-Sharing Act › §36-9-14. Assessment of Common Expenses

(a) Until a managing entity is created or provided, the developer shall pay all common expenses.
(b) After the creation or provision of a managing entity, the managing entity shall make an annual assessment against each purchaser for the payment of common expenses, based on the projected annual budget, in the amount specified by the contract between the seller and the purchaser. The seller shall be assessed for the share of common expenses allocated to all time-share periods still owned by the seller at the time such assessment is made, unless the seller guarantees all common expenses of the time- share plan pursuant to the provisions of the contract or until the time control is turned over to the purchasers.
(c) Past-due assessments may bear interest at the legal rate or at some lesser rate established by the managing entity.
(d) Unless otherwise specified in the contract between the seller and the purchaser, any common expenses benefiting fewer than all purchasers shall be assessed only against those purchasers benefited.
(e) Any assessments for common expenses which have not been spent for common expenses during the year for which such assessments were made shall be shown as an item on the annual budget.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 9. West Virginia Real Estate Time-Sharing Act › §36-9-15. Liens for Overdue Assessments; Mechanic’s Liens, Insurance

(a) The managing entity has a lien on a timeshare period for any assessment levied against that timeshare period from the date such assessment becomes due.
(b) The managing entity may bring an action in its name to foreclose a lien for assessments, in the manner a mortgage of real property is foreclosed.
(c) The managing entity may cause a trustee sale of the timeshare estate if the owner is delinquent to the managing entity for more than one year for assessments against the timeshare estate: Provided, That a trustee sale shall be effectuated as provided in section fifteen-a, article nine, chapter thirty-six of this code.
(d) In addition to the remedies in subsections (b) and (c) of this section, the managing entity may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. However, in the case of a timesharing plan in which no interest in real property is conveyed, the managing entity may bring an action under chapter forty-six of this code.
(e) The lien is effective from the date of recording a claim of lien in the public records of the county or counties in which the accommodations or facilities constituting the timesharing plan are located. The claim of lien shall state the name of the timesharing plan and identify the timeshare period for which the lien is effective, state the name of the purchaser, state the assessment amount due and state the due dates. The lien is effective until satisfied or until barred by law. The claim of lien may include only assessments which are due when the claim is recorded. A claim of lien shall be signed and acknowledged by an officer or agent of the managing entity. Upon full payment, the person making the payment is entitled to a satisfaction of the lien.
(f) A judgment in any action or suit brought under this section shall include costs and reasonable attorney’s fees for the prevailing party.
(g) Labor performed on a unit, or materials furnished to a unit, shall not be the basis for the filing of a lien pursuant to the mechanic’s lien law against the timeshare unit of any timeshare period owner not expressly consenting to or requesting the labor or materials.
(h) The seller, initially, and thereafter the managing entity, shall be responsible for obtaining insurance to protect the accommodations and facilities of the timesharing plan in an amount equal to the replacement cost of such accommodations and facilities.
(i) Notwithstanding any provision in this article, the lien granted pursuant to this section shall not have priority over any voluntarily granted lien or security interest in the timeshare estate.
(j) A copy of each policy of insurance in effect shall be made available for reasonable inspection by purchasers and their authorized agents.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 9. West Virginia Real Estate Time-Sharing Act › §36-9-16. Transfer of Seller's Interest to Third Party

No seller shall sell, lease, assign, mortgage or otherwise transfer the seller's interest in the accommodations or facilities of a time-sharing plan to a third party, unless:
(a) The third party agrees in writing to honor fully the rights of purchasers of the time-sharing plan to occupy and use the accommodations or facilities;
(b) The third party agrees in writing to honor fully the rights of purchasers of the time-sharing plan to cancel their contracts and receive appropriate refunds, as provided in this article;
(c) The third party agrees in writing to comply with the provisions of this article for as long as the third party continues to sell the time-sharing plan or for as long as purchasers of the time-sharing plan are entitled to occupy the accommodations or use the facilities, whichever is longer in time;
(d) The third party agrees to assume all obligations of the seller to purchasers; and
(e) Notice is mailed to each purchaser of the time-sharing plan affected thereby within thirty days of the sale, lease, assignment or other transfer.
Persons who hold mortgages on the property constituting a time-sharing plan before the public offering statement of such plan is approved by the division shall not be considered third parties for the purposes of this section.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 9. West Virginia Real Estate Time-Sharing Act › §36-9-18. License Required to Sell

Any seller of a time-sharing plan shall be a licensed real estate salesman, broker, or broker-salesman, pursuant to chapter forty-seven of the code or its successor, and shall be subject to all of the provisions of that article. This section shall not apply to those individuals who are exempt from chapter forty-seven of the code or to those time-sharing plans which are registered with the securities and exchange commission.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 9. West Virginia Real Estate Time-Sharing Act › §36-9-19. Purchaser's Remedies

An action for damages or injunctive or declaratory relief for a violation of this article may be brought by any purchaser or association of purchasers against the developer, a seller or the managing entity. The prevailing party in any such action may be entitled to reasonable attorney's fees. Relief under this section does not exclude any other remedies provided by law.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 9. West Virginia Real Estate Time-Sharing Act › §36-9-25. West Virginia Real Estate Time-Sharing Trust Fund

There is created within the State Treasury the West Virginia real estate time-sharing trust fund to be used for the administration and operation of this article by the division. All funds collected by the division and any amounts paid as fees or penalties under this article shall be deposited in the State Treasury to the credit of the trust fund created by this section.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 9. West Virginia Real Estate Time-Sharing Act › §36-9-26. Taxation

For purposes of local real property taxation, each time-sharing unit, other than an unit operated for time- share use, shall be valued in the same manner as if such unit were owned by a single taxpayer. The total cumulative purchase price paid by the time-share owners for a unit shall not be utilized by the local assessing officers as a factor in determining the assessed value of such unit. A unit operated as a time-share use, however, may be assessed the same as other income-producing and investment property. Tax records in a time-share unit shall be in the name of the association or the managing agent.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-1. Definitions

In this article, unless the context otherwise requires:
(1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) "Devisee" means any person designated in a will to receive a disposition of real or personal property.
(3) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(4) "Person" means an individual, a corporation, an organization or other legal entity.
(5) "Personal representative" includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status.
(6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(7) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(9) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a security account.
(10) "Security account" means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (ii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
(11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-2. Registration in Beneficiary Form; Sole or Joint Tenancy Ownership

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-3. Registration in Beneficiary Form; Applicable Law

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-5. Form of Registration in Beneficiary Form

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-6. Effect of Registration in Beneficiary Form

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-7. Ownership of Death of Owner

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-8. Protection of Registering Entity

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article.
(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this article.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section seven of this article and does so in good faith reliance (i) on the registration, (ii) on this article, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this article do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this article.
(d) The protection provided by this article to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-9. Nontestamentary Transfer on Death

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this article and is not testamentary.
(b) This article does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-10. Terms, Conditions and Forms for Registration

(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize: (1) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr. (2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr. (3) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 10. Uniform Transfer on Death Security Registration Act › §36-10-11. Short Title; Rules of Construction

(a) This article shall be known as and may be cited as the Uniform TOD Security Registration Act.
(b) This article shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this article among states enacting it.
(c) Unless displaced by the particular provisions of this article the principles of law and equity supplement its provisions.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 11. Uniform Unincorporated Nonprofit Association Act › §36-11-1. Definitions

In this article:
(1) "Member" means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association.
(2) "Nonprofit association" means an unincorporated organization consisting of two or more members joined by mutual consent for a common, nonprofit purpose. However, joint tenancy, tenancy in common, or tenancy by the entireties does not by itself establish a nonprofit association, even if the coowners share use of the property for a nonprofit purpose.
(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality or any other legal or commercial entity.
(4) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 11. Uniform Unincorporated Nonprofit Association Act › §36-11-4. Real and Personal Property; Nonprofit Association as Legatee, Devisee or Beneficiary

(a) A nonprofit association in its name may acquire, hold, encumber or transfer an estate or interest in real or personal property.
(b) A nonprofit association may be a legatee, devisee or beneficiary of a trust or contract.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 11. Uniform Unincorporated Nonprofit Association Act › §36-11-5. Statement of Authority as to Real Property

(a) A nonprofit association may execute and record a statement of authority to transfer an estate or interest in real property in the name of the nonprofit association.
(b) An estate or interest in real property in the name of a nonprofit association may be transferred by a person so authorized in a statement of authority recorded in the office in the county in which a transfer of the property would be recorded.
(c) A statement of authority must set forth:
(1) The name of the nonprofit association;
(2) The address in this state, including the street address, if any, of the nonprofit association, or, if the nonprofit association does not have an address in this state, its address out of state;
(3) The name or title of a person authorized to transfer an estate or interest in real property held in the name of the nonprofit association; and
(4) The action, procedure or vote of the nonprofit association which authorizes the person to transfer the real property of the nonprofit association and which authorizes the person to execute the statement of authority.
(d) A statement of authority must be executed in the same manner as a deed by a person who is not the person authorized to transfer the estate or interest.
(e) A filing officer may collect a fee for recording a statement of authority in the amount authorized for recording a transfer of real property.
(f) An amendment, including a cancellation, of a statement of authority must meet the requirements for execution and recording of an original statement. Unless canceled earlier, a recorded statement of authority or its most recent amendment is canceled by operation of law five years after the date of the most recent recording.
(g) If the record title to real property is in the name of a nonprofit association and the statement of authority is recorded in the office of the county in which a transfer of real property would be recorded, the authority of the person named in a statement of authority is conclusive in favor of a person who gives value without notice that the person lacks authority.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 11. Uniform Unincorporated Nonprofit Association Act › §36-11-6. Liability in Tort and Contract

(a) A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties and liabilities in contract and tort.
(b) A person may not be liable for a breach of a nonprofit association's contract merely because the person is a member, is authorized to participate in the management of the affairs of the nonprofit association or is a person considered to be a member by the nonprofit association.
(c) A person may not be liable for a tortious act or omission for which a nonprofit association is liable merely because the person is a member, is authorized to participate in the management of the affairs of the nonprofit association or is a person considered as a member by the nonprofit association.
(d) A tortious act or omission of a member or other person for which a nonprofit association is liable may not be imputed to a person merely because the person is a member of the nonprofit association, is authorized to participate in the management of the affairs of the nonprofit association or is a person considered as a member by the nonprofit association.
(e) A member of, or a person considered to be a member by, a nonprofit association may assert a claim against the nonprofit association. A nonprofit association may assert a claim against a member or a person considered to be a member by the nonprofit association.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 11. Uniform Unincorporated Nonprofit Association Act › §36-11-7. Capacity to Assert and Defend; Standing

(a) A nonprofit association, in its name, may institute, defend, intervene, or participate in a judicial, administrative or other governmental proceeding or in an arbitration, mediation or any other form of alternative dispute resolution.
(b) A nonprofit association may assert a claim in its name on behalf of its members if one or more members of the nonprofit association have standing to assert a claim in their own right, the interests the nonprofit association seeks to protect are germane to its purposes, and neither the claim asserted nor the relief requested requires the participation of a member.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 11. Uniform Unincorporated Nonprofit Association Act › §36-11-9. Disposition of Personal Property of Inactive Nonprofit Association

If a nonprofit association has been inactive for three years or longer, a person in possession or control of personal property of the nonprofit association may transfer the property:
(1) If a document of a nonprofit association specifies a person to whom transfer is to be made under these circumstances, to that person; or
(2) If no person is so specified, to a nonprofit association or nonprofit corporation pursuing broadly similar purposes, or to a government or governmental subdivision, agency or instrumentality.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 11. Uniform Unincorporated Nonprofit Association Act › §36-11-10. Appointment of Agent to Receive Service of Process

(a) A nonprofit association shall file in the office of the Secretary of State a statement appointing an agent authorized to receive service of process.
(b) A statement appointing an agent must set forth:
(1) The name of the nonprofit association;
(2) The address in this state, including the street address, if any, of the nonprofit association, or, if the nonprofit association does not have an address in this state, its address out of state; and
(3) The name of the person in this state authorized to receive service of process and the person's address, including the street address, in this state.
(c) A statement appointing an agent must be signed and acknowledged by a person authorized to manage the affairs of a nonprofit association. The statement must also be signed and acknowledged by the person appointed agent, who thereby accepts the appointment. The appointed agent may resign by filing a resignation in the office of the Secretary of State and giving notice to the nonprofit association.
(d) A filing officer may collect a fee for filing a statement appointing an agent to receive service of process, an amendment, or a resignation in the amount charged for filing similar documents.
(e) An amendment to a statement appointing an agent to receive service of process must meet the requirements for execution of an original statement.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 11. Uniform Unincorporated Nonprofit Association Act › §36-11-13. Summons and Complaint; Service on Whom

In an action or proceeding against a nonprofit association a summons and complaint must be served on an agent authorized by appointment to receive service of process, an officer, managing or general agent or a person authorized to participate in the management of its affairs. If none of them can be served, service may be made on a member.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 11. Uniform Unincorporated Nonprofit Association Act › §36-11-16. Transition Concerning Real and Personal Property

(a) If, before the effective date of this article, an estate or interest in real or personal property was purportedly transferred to a nonprofit association, on the effective date of this article the estate or interest vests in the nonprofit association unless the parties have treated the transfer as ineffective.
(b) If, before the effective date of this article, the transfer vested the estate or interest in another person to hold the estate or interest as a fiduciary for the benefit of the nonprofit association, its members, or both, on or after the effective date of this article the fiduciary may transfer the estate or interest to the nonprofit association in its name, or the nonprofit association, by appropriate proceedings, may require that the estate or interest be transferred to it in its name.
2023 West Virginia Code › Chapter 36. Estates and Property › Article 12. Uniform Real Property Transfer on Death Act › §36-12-2. Definitions

In this article:
(1) "Beneficiary" means a person who receives property under a transfer on death deed.
(2) "Contingent beneficiary" means a person designated in a transfer on death deed to receive property only if a different person fails to survive the transferor.
(3) "Designated beneficiary" means a person designated to receive property in a transfer on death deed. The term includes contingent beneficiaries.
(4) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship.
(5) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(6) "Property" means an interest in real property located in this state which is transferable on the death of the owner.
(7) "Transfer on death deed" means a deed authorized under this article.
(8) "Transferor" means an individual who makes a transfer on death deed.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.