West Virginia Community Association Laws
Common Interest Communities (UCIOA, Ch. 36B), legacy Condominiums (Ch. 36A), Cooperatives (via 36B), Manufactured Home Communities (Ch. 37-15), corporate acts (Ch. 31E/31D), Real Estate Commission (Ch. 30-40). Reference hub
West Virginia takes a light-touch approach: most community associations are governed by the Uniform Common Interest Ownership Act (UCIOA) without a dedicated state oversight agency. That means boards and owners get clear default rules for powers, meetings, budgets, and liens, but enforcement is largely private—handled through bylaws and the courts rather than an ombudsman. Legacy condominiums may still be under the older Chapter 36A. Manufactured home communities have their own landlord-tenant framework and public-health rules. Net effect: flexible and owner-driven—so long as your documents are tight and you follow UCIOA procedure.
At a glance
- Common Interest Communities (CIC): Governed by UCIOA, Ch. 36B (applies to condos, planned communities/HOAs, and co-ops).
- Legacy Condominiums: Some properties created under Chapter 36A remain subject to that act.
- Manufactured Home Communities: Landlord-tenant rules in Ch. 37-15; sanitation/park standards in 64 CSR 40.
- Corporate form: Most associations are nonprofits (Ch. 31E).
- Managers: No dedicated CAM license; real-estate activities fall under Real Estate License Act (Ch. 30-40).
Primary Statutes
Uniform Common Interest Ownership Act — Chapter 36B
Framework for condos, planned communities (HOAs), and co-ops: powers, meetings, assessments, liens, disclosures, applicability to older communities.
Condominiums (Legacy) — Chapter 36A
Older condominiums created pre-UCIOA; administrative provisions, records, assessments, liens.
Manufactured Home Communities — Chapter 37-15
Rental agreements, park rules, prohibited fees, termination, anti-retaliation.
Corporate Acts — Chapters 31E & 31D
Entity law (formation, members, boards, records). Most associations are 31E nonprofits; some may be under 31D (business corporations).
31E: WV Nonprofit Corporation Act ·
31D: WV Business Corporation Act
Popular Sections (direct links @ WV Code)
Common Interest (UCIOA, Ch. 36B)
Condominiums (Legacy, Ch. 36A)
Manufactured Home Communities (Ch. 37-15)
Co-ops
- Cooperatives are treated as “common interest communities” under Chapter 36B (see Article 1 definitions & applicability).
Administrative Rules (WV Code of State Rules)
No Florida-style agency rules for condos/HOAs. Manufactured Home Communities have public-health standards.
Condos / HOAs / Co-ops
- No statewide CIC rules. Governance is by statute & governing docs; disputes via courts.
Manufactured Home Communities
Fair Housing Overlay
Community Association Managers / Property Management
Is a CAM license required?
- No standalone CAM license. “Property management” that involves leasing/renting/listing is regulated as real estate brokerage under the Real Estate License Act.
- Check exceptions and scope in statute before engaging services.
Real Estate Commission
- WV Real Estate Commission — licensing & rules
- Licensing info
- Law Book (PDF)
Governing Documents & Overlays
- Governing docs: Declaration/CC&Rs (or proprietary lease for co-ops), Bylaws, Articles, Rules/Resolutions.
- Federal overlays: Fair Housing Act, ADA (where applicable), FDCPA (collections), FCC OTARD, etc.
- State/local overlays: Building & health codes, landlord-tenant (for MHCs), municipal ordinances.
- Conflicts: Statutes control over conflicting documents; get counsel for interpretation/application.
Key Contacts
Core References & Filings
- WV Code — UCIOA (Ch. 36B)
- WV Code — Condominiums (Ch. 36A)
- WV Secretary of State — Business Entity Search (corporate filings & annual reports)
Consumer & Civil Rights
- WV Attorney General — Consumer Protection: Help & complaints · Hotline: 1-800-368-8808
- WV Human Rights Commission (Housing): Agency page · Overview
Disclaimer
This page is a general reference and not legal advice. Laws and rules change; always verify the current text on the official linked sites and consult qualified counsel for your situation.
Last updated: September 10, 2025