West Virginia • Special assessment notice
Special assessment from your West Virginia condo — what does the UCIOA allow?
West Virginia adopted the full uniform act, so the mechanics are standard — but the state's extreme flash-flood exposure, combined with voluntary reserves, is what turns most assessments into emergencies.
The short answer
Under West Virginia's UCIOA the board can levy special assessments for unbudgeted needs, and a special folded into the budget passes unless a majority of all owners reject it (§ 36B-3-115). There's a true 6-month super-lien but no reserve mandate, and flood is the dominant driver. CondoSignal reads your notice against the WVUCIOA. Free.West Virginia at a glance
Budget approval
Negative option
Passes unless a majority reject (§ 36B-3-115).
Reserves required
No
Certificate may say 'no reserve.'
Super-lien
6 months
True super-lien (§ 36B-3-116).
Resale cancel
5 days
After the certificate (§ 36B-4-109).
Board authority and negative-option budgets
Under § 36B-3-115, the board adopts the budget and a special folded into it passes unless a majority of all owners reject it — a negative-option mechanism. Declarations often add a threshold for large stand-alone specials. There's no statutory cap, and emergency assessments are common where flood or storm damage outruns the reserves.
No reserve mandate, big flood exposure
West Virginia mandates no reserve study or funding, so the resale certificate may simply state there's 'no reserve.' Combined with the state's extreme flash-flood risk (the 2016 'thousand-year' flood destroyed 1,500+ structures), thin reserves plus an uninsured flood loss is a direct path to a special assessment.
A real super-lien
West Virginia is a true six-month super-lien state (§ 36B-3-116), so short delinquencies are low-risk to lenders, but delinquency beyond six months signals distress. The resale certificate (5-day cancellation) discloses unpaid assessments and anticipated capital expenditures for the current and next two years.
Your rights in West Virginia
West Virginia owners can reject a budget by a majority of all owners and get a 5-day resale-certificate cancellation right disclosing unpaid assessments and capital expenditures (§ 36B-3-115 / § 36B-4-109). None of this is legal advice — confirm against ch. 36B and West Virginia counsel.
What to check
- Check whether the special passed by negative-option budget ratification.
- Read the declaration for any threshold on large stand-alone specials.
- Check the resale certificate for the reserve amount ('none' is legal).
- Confirm whether the building carries flood insurance.
- Check delinquency against the 6-month super-lien window.
- Use your 5-day resale-certificate cancellation window.
Sources
- W. Va. Code § 36B-3-115 — assessments for common expenses(High)
- W. Va. Code § 36B-3-116 — lien for assessments (6-month priority)(High)
- W. Va. Code § 36B-4-109 — resales of units(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a West Virginia-licensed professional.
Related guide
West Virginia special assessments — the full guide →This page answers what to do right now. For how special assessments works in West Virginia — the law, the process, and what to check before you buy or sell — read the full state guide.
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