West Virginia Condo Due Diligence Checklist

Where West Virginia due diligence deserves the most attention

Legal Framework

Condominiums and HOAs (post-1986): Governed by the West Virginia Uniform Common Interest Ownership Act (UCIOA), W. Va. Code ch. 36B, §§ 36B-1-101 et seq. West Virginia adopted the full UCIOA (one of a minority of states to do so), enacted by 1986 SB 102 and effective July 1, 1986. Chapter 36B is divided into four Articles: Article 1 (General Provisions), Article 2 (Creation, Alteration and Termination of Common Interest Communities), Article 3 (Management of the Common Interest Community), and Article 4 (Protection of Purchasers).

Reserve Studies and Reserve Funding

The public offering statement for a new sale (§ 36B-4-103 et seq.) must state the amount — or a statement that there is no amount — included in the budget as a reserve for repairs and replacement, plus a statement of any other reserves.; The resale certificate (§ 36B-4-109) must include a statement of the amount of any reserves for capital expenditures and any capital expenditures anticipated by the association for the current and two succeeding fiscal years.

Structural Inspections and Building Safety

West Virginia has no statewide mandatory inspection regime for condominiums. There is no Surfside-style milestone-inspection law, no façade/balcony inspection statute, and no high-rise structural recertification requirement. Building safety is governed by ordinary local building and fire codes.

Insurance Requirements and Insurance-Market Risk

Property insurance on the common elements against all risks of direct physical loss commonly insured against (or, for a conversion building, fire and extended-coverage perils). The total coverage, after deductibles, must be not less than 80% of the actual cash value of the insured property at purchase and each renewal (excluding land, excavations, and foundations).; Liability insurance, including medical-payments insurance, covering occurrences common to the use, ownership, or maintenance of the common elements.; Each unit owner is an insured person unde…

Resale Disclosures and Buyer Cancellation Rights

West Virginia has two distinct disclosure tracks, both stronger than many inland states because WV kept UCIOA Article 4.

Assessments, Special Assessments, and Borrowing

`special_assessment_pending` – Board has proposed/approved a special assessment not reflected in current dues.; `budget_ratified_by_default` – Budget ratified with no quorum / low engagement (negative-option risk).; `budget_rejected_history` – Owners previously rejected a budget (continuation of stale budget).; `loan_incurred` – Association borrowed against future assessments (debt-service risk).