There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT
ARTICLE 1. GENERAL PROVISIONS.
- §36B-1-102 Applicability.
- §36B-1-104 Variation by agreement.
- §36B-1-105 Separate titles and taxation.
- §36B-1-106 Applicability of local ordinances, regulations and building codes.
- §36B-1-107 Eminent domain.
- §36B-1-108 Supplemental general principles of law applicable.
- §36B-1-109 Construction against implicit repeal.
- §36B-1-110 Uniformity of application and construction.
- §36B-1-111 Unconscionable agreement or term of contract.
- §36B-1-112 Obligation of good faith.
- §36B-1-113 Remedies to be liberally administered.
- §36B-1-114 Adjustment of dollar amounts.
- §36B-1-202 Same -- Exception for small cooperatives.
- §36B-1-203 Applicability to new common interest communities. -- Exception for small and limited expense liability planned communities.
- §36B-1-204 Applicability to preexisting common interest communities.
- §36B-1-205 Same -- Exception for small preexisting cooperatives and planned communities.
- §36B-1-206 Same -- Amendments to governing instruments.
- §36B-1-207 Applicability to nonresidential planned communities.
ARTICLE 2. CREATION, ALTERATION AND TERMINATION OF COMMON INTEREST COMMUNITIES.
- §36B-2-101 Creation of common interest communities.
- §36B-2-102 Unit boundaries.
- §36B-2-103 Construction and validity of declaration and bylaws.
- §36B-2-104 Description of units.
- §36B-2-105 Contents of declaration.
- §36B-2-106 Leasehold common interest communities.
- §36B-2-107 Allocation of allocated interests.
- §36B-2-108 Limited common elements.
- §36B-2-109 Plats and plans.
- §36B-2-110 Exercise of development rights.
- §36B-2-111 Alterations of units.
- §36B-2-112 Relocation of boundaries between adjoining units.
- §36B-2-113 Subdivision of units.
- §36B-2-114 Monuments as boundaries.
- §36B-2-115 Use for sales purposes.
- §36B-2-116 Easement rights.
- §36B-2-117 Amendment of declaration.
- §36B-2-118 Termination of common interest community.
- §36B-2-119 Rights of secured lenders.
- §36B-2-120 Master associations.
- §36B-2-121 Merger or consolidation of common interest communities.
- §36B-2-122 Addition of unspecified real estate.
ARTICLE 3. MANAGEMENT OF THE COMMON INTEREST COMMUNITY.
- §36B-3-101 Organization of unit owners' association.
- §36B-3-102 Powers of unit owners' association.
- §36B-3-103 Executive board members and officers.
- §36B-3-104 Transfer of special declarant rights.
- §36B-3-105 Termination of contracts and leases of declarant.
- §36B-3-106 Bylaws.
- §36B-3-107 Upkeep of common interest community.
- §36B-3-108 Meetings.
- §36B-3-109 Quorums.
- §36B-3-110 Voting; proxies.
- §36B-3-111 Tort and contract liability.
- §36B-3-112 Conveyance or encumbrance of common elements.
- §36B-3-113 Insurance.
- §36B-3-114 Surplus funds.
- §36B-3-115 Assessments for common expenses.
- §36B-3-116 Lien for assessments.
- §36B-3-117 Other liens.
- §36B-3-118 Association records.
- §36B-3-119 Association as trustee.
ARTICLE 4. PROTECTION OF PURCHASERS.
- §36B-4-101 Applicability; waiver.
- §36B-4-102 Liability for public offering statement requirements.
- §36B-4-103 Public offering statement; general provisions.
- §36B-4-104 Same -- Common interest communities subject to development rights.
- §36B-4-105 Same -- Time shares.
- §36B-4-106 Same -- Common interest communities containing conversion buildings.
- §36B-4-107 Same -- Common interest community securities.
- §36B-4-108 Purchaser's right to cancel.
- §36B-4-109 Resales of units.
- §36B-4-110 Escrow of deposits.
- §36B-4-111 Release of liens.
- §36B-4-112 Conversion buildings.
- §36B-4-113 Express warranties of quality.
- §36B-4-114 Implied warranties of quality.
- §36B-4-115 Exclusion or modification of implied warranties of quality.
- §36B-4-116 Statute of limitations for warranties.
- §36B-4-117 Effect of violations on rights of action; attorney's fees.
- §36B-4-118 Labeling of promotional material.
- §36B-4-119 Declarant's obligation to complete and restore.
- §36B-4-120 Substantial completion of units.
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