West Virginia HOA & condo compliance, with the statute behind every deadline
West Virginia regulates condominiums, cooperatives, and planned communities (West Virginia's own term for what this product calls an HOA) under one law: the Uniform Common Interest Ownership Act, W. Va. Code Chapter 36B. GnomeOwner's compliance calendar tracks the duties that reach a self-managed West Virginia association — an annual meeting, mandatory property and liability insurance, a budget owners can reject — and shows the exact statute sentence behind each one, not just a due date.
West Virginia also carries a genuinely unusual carve-out for a specific kind of preexisting resort development — see the fact below.
A pre-Act West Virginia resort can charge some fees without ever becoming a common interest community
Buried inside the Act's own definition of "common interest community" is a specific exception most boards never see: a resort development that, before the Act existed, already imposed fees on property owners for road, park, and common-facility upkeep or for fire and police protection can keep charging those same fees to later purchasers too — without that development ever becoming a Chapter 36B common interest community at all. If your community includes resort-style shared facilities that predate the Act, this is worth confirming with your attorney before assuming Chapter 36B's meeting, insurance, and records duties apply to you the way they apply to an ordinary West Virginia condo or HOA.
“any resort owner which, prior to the effective date of this article, began the development of a resort and imposed fees or assessments upon owners of real estate in the resort for maintenance and care of the roads, streets, alleys, sidewalks, parks, common areas and common facilities in and around the resort, for fire and police protection and for such other services as may be made available to owners of real estate, may also impose the same fees and assessments to be used for the same or similar purposes upon persons purchasing real estate in the resort after the effective date of this article without creating a common interest community”
A few of the duties GnomeOwner tracks for West Virginia common interest communities — condominiums, cooperatives, and planned communities — governed by the Uniform Common Interest Ownership Act, W. Va. Code Chapter 36B
Every deadline here shows you the exact sentence of the statute it comes from, so you — or your attorney — can check it in seconds.
Hold the annual meeting of the association
Hold a meeting of the association at least once each year.
Applies to a West Virginia common interest community created after Chapter 36B took effect that doesn't fit the Act's small-cooperative, small/limited-expense-planned-community, or all-nonresidential exemptions.
“A meeting of the association must be held at least once each year.”
Give 10-60 days' notice of every annual or special meeting
Not less than 10 nor more than 60 days before an annual or special meeting, hand-deliver or mail notice to each unit's mailing address (or the address a unit owner has designated in writing), stating the meeting's time and place and the items on the agenda — including the general nature of any proposed declaration or bylaw amendment, budget changes, and any proposal to remove an officer or executive board member.
Applies to a West Virginia common interest community created after Chapter 36B took effect that doesn't fit the Act's small-cooperative, small/limited-expense-planned-community, or all-nonresidential exemptions.
“Not less than ten nor more than sixty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner.”
Maintain property and liability insurance
Starting no later than the first conveyance of a unit to someone other than the declarant, maintain — to the extent reasonably available — property insurance on the common elements for at least 80% of actual cash value, plus liability insurance (including medical payments coverage) in an amount the executive board sets, but not less than any amount the declaration specifies.
Applies to a West Virginia common interest community created after Chapter 36B took effect that doesn't fit the Act's small-cooperative, small/limited-expense-planned-community, or all-nonresidential exemptions.
“Property insurance on the common elements and, in a planned community, also on property that must become common elements, insuring against all risks of direct physical loss commonly insured against or, in the case of a conversion building, against fire and extended coverage perils. The total amount of insurance after application of any deductibles must be not less than eighty percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies”
Give owners a budget summary and set a ratification meeting within 30 days of adopting the budget
Within 30 days after the executive board adopts a proposed budget, provide a summary of the budget to every unit owner, and set a date for a unit owners' meeting to consider ratifying the budget — not less than 14 nor more than 30 days after mailing the summary. The budget is ratified unless a majority of ALL unit owners (or a larger vote the declaration specifies) rejects it at that meeting, whether or not a quorum is present.
Applies to a West Virginia common interest community created after Chapter 36B took effect that doesn't fit the Act's small-cooperative, small/limited-expense-planned-community, or all-nonresidential exemptions.
“Within thirty days after adoption of any proposed budget for the common interest community, the executive board shall provide a summary of the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than thirty days after mailing of the summary.”
Give notice and an opportunity to be heard before levying a fine
Before levying a fine for a violation of the declaration, bylaws, rules, and regulations of the association, give the unit owner notice and an opportunity to be heard.
Applies to every West Virginia common interest community the Act covers at all — a community created after Chapter 36B took effect, and an older one with more than 12 units or still subject to development rights — as long as it isn't a planned community restricted entirely to nonresidential use. W. Va. Code § 36B-1-207 excuses a fully nonresidential planned community of any age down to only a short, named list of sections, so it falls into that exemption instead of this reach-back list. Your executive board is considering levying a fine against a unit owner for a violation of the declaration, bylaws, or rules and regulations.
“after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules, and regulations of the association”
Consider budgeting for reserves as part of the annual budget
West Virginia gives the association the power, not a requirement, to include reserves in its budget — a board can choose to set money aside for future repairs and replacements as part of adopting each year's budget.
Applies to every West Virginia common interest community the Act covers at all — a community created after Chapter 36B took effect, and an older one with more than 12 units or still subject to development rights — as long as it isn't a planned community restricted entirely to nonresidential use. W. Va. Code § 36B-1-207 excuses a fully nonresidential planned community of any age down to only a short, named list of sections, so it falls into that exemption instead of this reach-back list.
“Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners”
Keep detailed financial records and make them available to owners
Keep financial records detailed enough to prepare a resale certificate on request, and make all financial and other records reasonably available for examination by any unit owner and their authorized agents.
Applies to every West Virginia common interest community the Act covers at all — a community created after Chapter 36B took effect, and an older one with more than 12 units or still subject to development rights — as long as it isn't a planned community restricted entirely to nonresidential use. W. Va. Code § 36B-1-207 excuses a fully nonresidential planned community of any age down to only a short, named list of sections, so it falls into that exemption instead of this reach-back list.
“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.”
Furnish a resale certificate within 10 days of a unit owner's request
Within 10 days after a unit owner's request, furnish a certificate containing the information the unit owner needs to comply with the resale-disclosure statute — the effect of any right of first refusal, unpaid common-expense or special assessments, other fees, anticipated capital expenditures, reserve amounts, recent financial statements, the current budget, unsatisfied judgments or pending suits, insurance coverage, and known code violations.
Applies to every West Virginia common interest community the Act covers at all — a community created after Chapter 36B took effect, and an older one with more than 12 units or still subject to development rights — as long as it isn't a planned community restricted entirely to nonresidential use. W. Va. Code § 36B-1-207 excuses a fully nonresidential planned community of any age down to only a short, named list of sections, so it falls into that exemption instead of this reach-back list. A unit owner has asked for the certificate they need to give a purchaser before selling their unit. Article 4 excuses several specific dispositions from this duty entirely — a gift, a court-ordered or government disposition, a foreclosure, a sale to a dealer, a freely cancelable sale, and certain low-assessment planned communities meeting § 36B-4-101(b)(7)'s conditions — confirm with your attorney if any applies to your community.
“The association, within ten days after a request by a unit owner, shall furnish a certificate containing the information necessary to enable the unit owner to comply with this section.”
Every item above is drafted from West Virginia’s statute text and shown beside the exact sentence it comes from — check any claim against the law’s own words. This page hasn’t had a full attorney review. Confirm anything you plan to act on with your own attorney or CPA; law as reflected here is current as of 2026-08-16.
This calendar is built from a Justia mirror of Chapter 36B, self-labeled the "2025 West Virginia Code" — this mirror carries no per-section amendment history, and even the chapter's own original effective date could not be confirmed from the captured text (only an internal citation suggesting 1984). Confirm current law, and Chapter 36B's actual effective date, with your attorney before relying on any exact figure or deadline.
West Virginia questions we hear a lot
What are a West Virginia HOA or condo association's annual requirements?
A meeting of the association at least once a year, with 10-to-60 days' notice stating the agenda (W. Va. Code § 36B-3-108); property and liability insurance starting no later than the first unit conveyance (§ 36B-3-113(a)); and, within 30 days of the board adopting a budget, a summary to every unit owner plus a ratification meeting (§ 36B-3-103(c)). GnomeOwner's calendar tracks each one with its own due date and statute citation.
Does West Virginia require condo or HOA insurance?
Yes, a real "shall" — property insurance on the common elements for "not less than eighty percent of the actual cash value of the insured property," plus liability insurance (W. Va. Code § 36B-3-113(a)). Two things West Virginia does NOT separately require: flood insurance and fidelity insurance are both absent from this section, unlike some neighboring common-interest-ownership states that mandate one or both.
Does West Virginia require reserve funds?
No — reserve funding is entirely discretionary. West Virginia's Act lists it among the association's general powers, not a duty: the association "may... [a]dopt and amend budgets for revenues, expenditures, and reserves" (§ 36B-3-102(a)(2)). No minimum percentage or reserve-study requirement appears anywhere in the chapter — any reserve funding your association does is a voluntary board choice.
Is there a resort exception to West Virginia's common interest community law?
Yes, a narrow one. A resort development that, before the Act existed, already charged property owners for road, park, and common-facility upkeep or for fire and police protection may keep charging those same fees to later purchasers too, "without creating a common interest community" (W. Va. Code § 36B-1-103(7)) — meaning that resort's fee arrangement can sit outside Chapter 36B's meeting, insurance, and records duties entirely. Confirm with your attorney if your community includes resort-style facilities that predate the Act.
Is GnomeOwner's West Virginia compliance calendar reviewed by a lawyer?
Every deadline on this page is shown beside the exact sentence of the statute it comes from — so you can check each claim against the law's own words, right here on the page. What this page hasn't had yet is a full attorney review. It's legal information, not legal advice: confirm anything you plan to act on with your own attorney.
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