West Virginia • Reserve study / underfunding
Is your West Virginia condo's reserve underfunded — and does the state require funding?
A reserve study can read as reassuring while quietly showing your West Virginia building is years behind on saving for its roof, elevators, or façade. What matters is how funded the reserves actually are — and what West Virginia requires.
The short answer
West Virginia does not require a reserve study and does not require the association to fund it. Chapter 36B doesn't mandate reserve studies or funding; the resale certificate must disclose the reserve amount 'or a statement that there is none.' A thin reserve is the most common reason a special assessment lands later, so the study-versus-actual-balance gap is the number that matters. CondoSignal reads your reserve study and budget against West Virginia's rules. Free.West Virginia at a glance
Reserve study
Not required
No state mandate
Reserve funding
Not required
Underfunding is legal here
Super-lien
Yes
Six months of regular assessments take priority over the first mortgage (§ 36B-3-116)
Resale disclosure
Cancellation right
5 days after the resale certificate (15 days for new construction) (§ 36B-4-109)
What West Virginia requires
Chapter 36B doesn't mandate reserve studies or funding; the resale certificate must disclose the reserve amount 'or a statement that there is none.' Whether a thin reserve is merely risky or actually out of compliance depends on that rule — which is the first thing to establish.
Why underfunding becomes an assessment
No statutory cap. Emergency assessments are common where flood or storm damage outruns the (voluntary) reserves. The 'percent funded' figure in the study, compared to the actual reserve balance, tells you how exposed you are.
What it means for collection and resale
A true six-month super-lien; short delinquencies are low risk to lenders, but delinquency beyond six months signals distress. The certificate discloses unpaid assessments, anticipated capital expenditures for the current + 2 years, reserves, and insurance; the purchaser isn't liable beyond the stated amount.
Your rights in West Virginia
As a West Virginia owner, your reserve information and any approved special assessments should appear in the association's budget and resale disclosures (5 days after the resale certificate (15 days for new construction) (§ 36b-4-109)). None of this is legal advice — confirm against the current statute and a licensed professional in your state.
What to check
- Find the reserve study's 'percent funded' figure.
- Compare the recommended contribution to what's budgeted.
- Confirm whether West Virginia mandates reserve funding.
- Check the remaining life of the roof, elevators, and façade.
- Look for a reserve catch-up or a recent special assessment.
- Check the study's date — an old study understates today's costs.
Sources
- W. Va. Code § 36B-3-116 — lien for assessments (6-month priority)(High)
- W. Va. Code § 36B-4-109 — resales of units(High)
- W. Va. Code § 36B-3-113 — insurance(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a West Virginia-licensed professional.
FAQ
Frequently asked questions
Not sure what your documents are really telling you?
Get a free CondoSignal review of your situation — we read the paperwork against your state's rules and tell you what to do next. No cost, no obligation.