Legislation150x150

Homeowner associations in West Virginia maintain the desire to follow the laws, learn the procedures and insist on oversight.

While EPOHOA attempts to be diligent in tracking related laws, amendments to those laws and alert their homeowner association membership of updates, the following information is not a definitive resource for relative passage.

 

Several key laws regarding HOAs in our state are:

EPOHOA_FancyBullet §31E. WEST VIRGINIA NONPROFIT CORPORATION ACT
EPOHOA_FancyBullet §36B. UNIFORM COMMON INTEREST OWNERSHIP ACT effective 1984
EPOHOA_FancyBullet §38. LIENS. ARTICLE 4. EXECUTIONS. WV Sheriff’s Liens, Writs

 

EPOHOA_FancyBullet EPOHOA Tutorial – Tracking WV Bills

 

WHAT’S BEEN HAPPENING FOR HOAs IN OUR WV LEGISLATUREnot a definitive resource

2017

 House Bill 2040 (2017R1201) 60 pages
The purpose of this bill is to update the Uniform Common Interest Ownership Act.
By Delegate Ferro
Introduced February 8, 2017
(HB 2040 annotated,
highlighted for ease in reading

 

2016

  House Bill 2801 Passed March 8, 2016; in effect ninety days from passage.
By Delegates Rowe, Pushkin, Lynch, Guthrie and Byrd
Abolishing the adverse possession of land – permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas; and setting forth their additional powers and responsibilities.

  • §8‑12‑16d.  Additional powers and duties of municipalities; areas of special or unique interest.

 Senate Bill 614 Passed March 10, 2016; in effect 90 days from passage
by Senators Gaunch and Ashley, original sponsor
all relating to the Consumer Credit and Protection Act;  excluding obligation to make required payments to property owners’ or homeowners’ association from provisions of the Consumer Credit and Protection Act; clarifying conduct for unconscionable inducement; and providing limits on charges a secured lender may recover from a consumer borrower upon default.

 Senate Bill 54  Passed March 11, 2016; in effect 90 days from passage
by Senator Sypolt
Exemption for dues, fees and assessments paid to a homeowners’ association by a member; taxable expenses of homeowners’ association; definitions.

  • SB 255 1/13/2016
    by Senator Trump
    Permitting creditor to collect and recover from consumer creditor’s reasonable expenses 
  • HB 2517 1/13/2016
    by Delegates Ferro, Walters, Perry, Fluharty, Storch, P. Smith, Longstreth, Trecost, Sponaugle and Reynolds
    Updating the Uniform Common Interest Ownership Act 36B
  • HB 4231 1/22/2016
    by Delegate Skinner
    Uniform Common Interest Ownership Act 36B
  • HB 2839  Carryover from 2015
    by Delegates Morgan, Walters, Arvon, Zatezalo, Border and Howell
    eliminating late fees charged by the Secretary of State (for annual reports) 
  • HB 2609 1/13/2016
    by Delegates Faircloth, Blair, Folk, Householder and Butler
    Prohibiting railroads from blocking crossings on privately owned streets [point-in-fact Sylvan Grove HOA]
  • HB 2891 1/13/2016 includes history and unique amendments and an addition 
    by LEAD SPONSOR: Walters, SPONSORS: Evans, A., Storch
    Making the West Virginia Consumer Credit and Protection Act more consistent with the federal Fair Debt Collection Practices Act 

 

2015

  • HB 2839 2/20/2015
    by Delegates Morgan, Walters, Arvon, Zatezalo, Border and Howell
    eliminating late fees charged by the Secretary of State (for annual reports) 
  • HB 2609 2/4/2015
    by Delegates Faircloth, Blair, Folk and Householder
    prohibit railroads from blocking crossings on privately owned streets
      [point-in-fact Sylvan Grove HOA]
  • SB 388 2/2/2015
    LEAD SPONSOR:  Sypolt

    SPONSORS: Beach, Blair, M. Hall, Kessler, Leonhardt, Prezioso, Snyder, Trump, Unger, Williams, Stollings, Nohe
    Changing remittance procedure for sales and use taxes on homeowners’ dues, fees and assessments 
  • HB 2517 1/30/2015
    by Delegates Ferro, Walters, Perry, Fluharty, Storch, P. Smith, Longstreth, Trecost, Sponaugle and Reynolds
    Amending the Uniform Common Interest Ownership Act – based upon the Uniform Law Commission’s modelFiled for Introduction
  • HB 2430 1/27/2015
    by Delegate Skinner
    Amending the Uniform Common Interest Ownership Act – based upon the Uniform Law Commission’s modelFiled for Introduction
  • HB 2060 1/15/2015
    by Delegate Caputo
    Adding a new section: relating to making the theft of a traffic sign or traffic signal a misdemeanor; establishing criminal penalties; and requiring restitution.

 

2014

  • 2014 West Virginia Government Ethics Act
    Chapter 6B. Public officers and employees, ethics, conflicts of interest, financial disclosure
    While homeowner associations, planned developments, etc., have nowhere to request information it is relevant that homeowners are aware of the act in that it is specific to: §6B-1-2(e) It is the intent of the Legislature that in its operations the West Virginia ethics commission created under this chapter shall protect to the fullest extent possible the rights of individuals affected.”
  • SB-502 was introduced in the WV Senate 2/6/2014
     by Senator Snyder
    Updating the Uniform Common Interest Ownership Act – based upon the Uniform Law Commission’s model UCIOA amendments of 2008 Filed for Introduction
  • 2012 Senate Concurrent Resolution 38
    by Senators Snyder and Klempa
    Requesting the Joint Committee on the Judiciary to study whether the State of West Virginia should revise its current Uniform Common Interest Ownership Act. Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
  • Senate Bill No. 611
    By Senators Snyder, Kirkendoll, Tucker, Chafin, Palumbo, Wells, Nohe and Sypolt
    Introduced March 22, 2013; referred to the Committee on the Judiciary
    to update 36B Uniform Common Interest Ownership Act
  • House Bill No. 3101 
    By Delegates Ferro, Reynolds, Storch and Walters Introduced March 25, 2013; referred to the Committee on the Judiciary 
    to update 36B Uniform Common Interest Ownership Act
    Filed for Introduction: 1/9/2014 Filed for introduction: 2/13/2014
  • House Bill 4499 Real Property Contracts, Updating the Uniform Common Interest Ownership Act – Chapters Affected
    introduced 2.13.2014 sponsored by Delegates Skinner, Lawrence & Barrett – Filed for introduction: 2.13.2014

 

2013

  •  House Bill 2600 Passed April 13, 2013; in effect ninety days from passage
    §7-25-6. Notice to property owners before creation or expansion of resort area district; form of notice; affidavit of publication.

    ATTENTION HOAs: (g) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail such notice to all owners of real property proposed to be included within such resort area district using the real property tax records and land books of the county in which such proposed district is located and any lists maintained by a resort operator or homeowners association within such proposed district. Such notice shall be also mailed to each president of a homeowners association, if any, located within a proposed district which has registered with a resort operator to receive such information. Immaterial defects in the mailing of such notices shall not affect the validity of such notices.
  • Senate Bill 55 – Introduced
  • Senate Bill 55 SUB1   [SUB1 version is the “Committee Substitute” which replaces the “Introduced” version – it may be changed again, and again through the process]
    exempting homeowners’ association dues, fees and assessments from consumers sales and service tax.
  • Senate Bill 611 (2013R2882SI) 93 pages
    The purpose of this bill is to update the Uniform Common Interest Ownership Act.
    By Senators Snyder, Kirkendoll, Tucker, Chafin, Palumbo, Wells, Nohe and Sypolt
    Introduced March 22, 2013; referred to the Committee on the Judiciary
  • House Bill 3101 (2013R2882HI) 95 pages
    The purpose of this bill is to update the Uniform Common Interest Ownership Act.
    By Delegates Ferro, Reynolds, Storch and Walters
    Introduced March 25, 2013; referred to the Committee on the Judiciary

 

2012

 

2011

  • 2011 Senate Bill 569 by Senator Herb Snyder – Increasing maximum homeowners’ associations’ fees; exception for certain expense liability planned communities – §36B-1-203. Applicability to new common interest communities. — Exception for small and limited expense liability planned communities.

 

2010

2009

2008

2007

2006

2005

2004

2003

2002

  • SB 477
    By Senators Love, Minard, Hunter and Mitchell
    allowing a supplemental assessment on personal property when personal property has been omitted from the record books; allowing a tax exemption for streets or rights-of-way when conveyed to a homeowner’s association and dedicated for public use; extending date for claiming a homestead exemption to December from October, allowing the assessor to extend the deadline for claiming a homestead exemption in certain situations and extending the date for denying an exemption from January to November; and changing the time limitation for reviewing and determining an appeal after receiving notice of the appeal.

 

2001

2000