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West Virginia HOA Rules for Board Members (2026)

Serving on a West Virginia HOA board means making calls that affect your neighbors, usually with no training. This page sums up what West Virginia law says about the parts boards ask about most, in plain English, with the statute section and an official link beside every rule.

West Virginia condominiums, homeowners associations (planned communities) and cooperatives. Chapter 36B covers communities created on or after July 1, 1986; older communities get listed sections, and small planned communities (12 or fewer homes with no development rights) are largely outside it unless they opt in. Where your community is outside the Act, follow your documents. Where a step comes from your documents, Kindly Board says so.

The short version: West Virginia law sets no periods for these steps, so Kindly Board uses the dates from your notice (your documents set them). If a deadline falls on a weekend or holiday, ask a West Virginia attorney.

Updated October 2026. Not legal advice.

Which West Virginia law applies

  • The West Virginia Uniform Common Interest Ownership Act (chapter 36B) covers condominiums, planned communities (HOAs) and cooperatives created in West Virginia on or after July 1, 1986. New planned communities with 12 or fewer units and no development rights, or whose declaration caps the average annual assessment at $300 (as adjusted), are subject only to §§36B-1-105 to 1-107 unless the declaration opts in.

    W. Va. Code §36B-1-201; §36B-1-203

  • Communities created before July 1, 1986 get only the listed sections (including fines after notice and an opportunity to be heard, the lien, records and resale certificates), for events after that date, and their existing declaration and bylaws stay in force. Small pre-1986 cooperatives and planned communities (12 or fewer units, no development rights) get only §§36B-1-105 to 1-107 unless they opt in. Owner meetings, budget ratification, the board care standard and the 18% interest cap apply only to communities created on or after July 1, 1986.

    W. Va. Code §36B-1-204(a); §36B-1-205

  • Subject to the declaration, the association may charge late fees on assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations. The Act sets no cure period, hearing deadline or format, delivery method for violation notices, or dollar cap on fines; your documents control those.

    W. Va. Code §36B-3-102(a)(11)

How West Virginia counts days

  • For a period set by the West Virginia Code, the day of the act or event isn't counted and the last day is, unless it is a Saturday, Sunday, legal holiday or designated day off, in which case the period runs to the next day that isn't. Legal holidays include West Virginia Day (June 20), Columbus Day, Lincoln's Day (the day after Thanksgiving), election days and days the Governor proclaims. Whether this reaches a period set by your own documents is a question for a West Virginia attorney.

    W. Va. Code §2-2-1(a), (d); §2-2-2(a)

Violation notices and the chance to fix in West Virginia

Hearings in West Virginia

  • West Virginia law doesn't sort violations into types. Your documents decide whether an ongoing violation gets a period to fix it, and how long; a fine still needs notice and an opportunity to be heard first.

    W. Va. Code §36B-3-102(a)(11)

  • West Virginia law sets no separate path for a one-time violation: a fine still needs notice and an opportunity to be heard first.

    W. Va. Code §36B-3-102(a)(11)

  • West Virginia sets no deadline in days for architectural decisions and no deemed approval; standards come from the declaration and guidelines. A fine for unapproved work needs notice and an opportunity to be heard like any violation.

    W. Va. Code §36B-3-102(a)(1), (6), (11)

Assessments, late fees and liens in West Virginia

  • Unless the declaration provides otherwise, fees, charges, late charges, fines and interest are enforceable as assessments, and the association has a lien for assessments and fines from the time they become due (a fine exists only after notice and an opportunity to be heard). To perfect and preserve the lien, the association notifies the owner as §56-2-1 provides or by registered or certified mail, return receipt requested; it's discharged as to later buyers for value without notice unless a notice of lien is recorded with the county commission clerk. The lien is extinguished unless proceedings to enforce it start within 3 years after the full amount becomes due.

    W. Va. Code §36B-3-116(a), (d), (h)

  • Past-due assessments bear interest at the rate the association sets, not more than 18 percent a year (communities created on or after July 1, 1986).

    W. Va. Code §36B-3-115(b)

  • On written request, the association furnishes a statement of unpaid assessments within 10 business days after receiving the request; it binds the association.

    W. Va. Code §36B-3-116(g)

Meetings and votes in West Virginia

  • The Act has no open-meeting or notice rule for executive board meetings; your bylaws decide whether owners attend. For an association incorporated as a nonprofit corporation, unless the articles or bylaws provide otherwise, regular board meetings may be held without notice, and special board meetings need at least two days' notice of the date, time and place.

    W. Va. Code §31E-8-822(a), (b); ch. 36B (no board-meeting rule)

  • The association meets at least once a year; special meetings may be called by the president, a board majority, or owners with 20 percent of the votes (or a lower percentage in the bylaws). Notice goes 10 to 60 days before, hand-delivered or sent by prepaid U.S. mail to the unit's mailing address or another address the owner designated in writing, stating the time, place and agenda, including proposed amendments, budget changes and proposals to remove an officer or board member.

    W. Va. Code §36B-3-108

Records in West Virginia

  • The association keeps financial records detailed enough to prepare resale certificates, and all financial and other records must be made reasonably available for examination by any owner and the owner's authorized agents. The Act sets no deadline or notice rule for a records request.

    W. Va. Code §36B-3-118

Other rules boards should know

  • Elected board members must exercise ordinary and reasonable care (declarant appointees: the care of fiduciaries). This applies to communities created on or after July 1, 1986.

    W. Va. Code §36B-3-103(a)

  • Within 10 days after an owner's request, the association furnishes the resale certificate, including whether the board knows of alterations or improvements to the unit or its limited common elements that violate the declaration.

    W. Va. Code §36B-4-109(a)(10), (b)

Step by step: a West Virginia violation case

The order Kindly Board walks a West Virginia board through, from the first look to the last letter.

  1. Check before you start Every case
    Find the rule, and the steps your own documents require.
  2. Courtesy reminder Optional
    A friendly first note before any formal notice.
  3. Formal notice of violation Before any fine (per your documents)
    The rule, the facts, the fix-by date and how to be heard, in the form your documents require.
  4. Hearing (if the owner asks, or your documents require one) Per your documents
    A fair chance to be heard before the Board decides.
  5. Board vote on the fine Before a fine
    Only if your documents allow fines, at a proper board meeting.
  6. Notice of fine After the vote
    Amount, due date, how to pay, and the rule behind it.
  7. Close the case Every case
    Record how it ended and keep the file.

West Virginia HOA rules: FAQ

What HOA law applies in West Virginia?

West Virginia condominiums, homeowners associations (planned communities) and cooperatives. Chapter 36B covers communities created on or after July 1, 1986; older communities get listed sections, and small planned communities (12 or fewer homes with no development rights) are largely outside it unless they opt in. Where your community is outside the Act, follow your documents. Where a step comes from your documents, Kindly Board says so. The main sources: W. Va. Code ch. 36B (Uniform Common Interest Ownership Act), §36-4-19, ch. 31E, and your documents.

How are days counted for West Virginia HOA deadlines?

West Virginia law sets no periods for these steps, so Kindly Board uses the dates from your notice (your documents set them). If a deadline falls on a weekend or holiday, ask a West Virginia attorney.

What does West Virginia law say about violation hearings?

West Virginia law doesn't sort violations into types. Your documents decide whether an ongoing violation gets a period to fix it, and how long; a fine still needs notice and an opportunity to be heard first. (W. Va. Code §36B-3-102(a)(11))

Can West Virginia owners see the association's records?

The association keeps financial records detailed enough to prepare resale certificates, and all financial and other records must be made reasonably available for examination by any owner and the owner's authorized agents. The Act sets no deadline or notice rule for a records request. (W. Va. Code §36B-3-118)

Official text

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