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Common interest communities are regulated by a number of state laws, and as a manager, board member, or executive, it's important that you understand these statutes. To help you do just that, we have devised a short guide that you can use as a roadmap.
What Is a Homeowners Association?
Homeowners associations, also known as community associations or common interest communities, are private groups that are responsible for the upkeep of common areas and shared amenities.
They enforce their own rules, regulations, and bylaws to maintain a certain standard of living and are required to adhere to local, state, and federal laws.
An association's rules and regulations can be found in its governing documents, which outline its function, rights, and responsibilities.
An Overview of West Virginia HOA Laws
Board members and managers must have a working knowledge of the state laws listed below. Keep in mind that it would be impossible to list all the regulations that affect West Virginia associations, so further research may be necessary.
West Virginia Uniform Common Interest Ownership Act
The West Virginia Uniform Common Interest Ownership Act governs nonprofit corporations in the state of West Virginia. It regulates the formation, administration, powers, and activities of real estate cooperatives, condominium associations, and planned communities that were established after the first of July 1986.
West Virginia Nonprofit Corporation Act
The West Virginia Nonprofit Corporation Act is designed to regulate associations that are established as nonprofit corporations in terms of their corporate structure and practices.
Keep in mind that most West Virginia associations are considered nonprofit entities, so this act will apply to most HOAs. To determine the corporate status of a common interest community, you can go to the West Virginia Secretary of State's website.
West Virginia Consumer Credit and Protection Act
This act, which is comparable to the federal Fair Debt Collection Practices Act (FDCPA), controls debt collection methods in West Virginia. It forbids any individual or entity from engaging in collecting debts, either directly or indirectly, from engaging in unfair, abusive, or misleading activities.
West Virginia Fair Housing Act
The West Virginia Fair Housing Act was instituted to protect residents' right to equal access to housing. According to its provisions, it is illegal to discriminate against homeowners or potential homeowners based on qualities such as their national origin, race, disability, sex, color, ancestry, familial status, or religion.
West Virginia Unit Property Act
This act controls the establishment, oversight, authority, and functioning of condominiums that explicitly opt to be regulated by it by filing a declaration in the local county's recording office.
DoorLoop's Innovative HOA Management Software
If you are in need of assistance when ensuring that your HOA complies with the applicable legislation, then you can count on DoorLoop to get the job done. Our intuitive HOA management software is specially designed to make the task of managing property owners and enforcing bylaws easier.
With a revolutionary communication portal that makes providing notifications easier and a complete set of accounting tools, you will have everything you need to be successful.
We also provide world-class support with every plan for complete peace of mind, so you can ensure that you get the most out of our property management software when you choose DoorLoop.
To get a free demo or learn more about our software, please do not hesitate to get in touch with us!
Final Thoughts
It's important for new common interest communities to have a comprehensive understanding of the applicable state laws. Older homeowners associations are also required to remain up to date on amendments and ensure that their HOA remains compliant.
Failure to do so may have legal repercussions, so be sure to take it seriously. We also recommend speaking to a legal advisor who specializes in homeowner associations to ensure that you avoid any unnecessary legal costs and penalties.
To ensure that you meet the specifications set out in state legislation, please give DoorLoop's HOA management tools a try and experience the difference for yourself!
FAQs
Can an HOA board foreclose on a member's home?
In the event that a homeowner fails to pay their dues, the West Virginia HOA has the power to place a lien on their property. Should this lien not be addressed, the association can foreclose on the property to obtain the outstanding amount.
What are some of the responsibilities that HOAs have?
Homeowners' associations are responsible for:
- Maintaining shared areas
- Ensuring that these spaces are covered by insurance
- Hosting regular meetings and retaining minutes
- Preparing budgets and financial records and making this information available to members
Can a homeowner take an HOA in West Virginia to court?
Yes. If a homeowners association is found to be violating any of the applicable laws, a member can take the organization to court by filing a private lawsuit.
Why is it important to understand West Virginia HOA laws?
Having a working knowledge of the relevant laws can help to ensure that your HOA is compliant and does not end up with legal problems. It can also help to guide decision-making.
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