West Virginia guide
West Virginia condo document review
West Virginia condo document review is governed by the West Virginia Uniform Common Interest Ownership Act (W. Va.
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Code §36B-1-101 et seq.), the full UCIOA the state adopted for communities created on or after July 1, 1986. Because West Virginia kept UCIOA Article 4, a resale buyer gets a binding resale certificate (§36B-4-109) and a five-day cancellation window — stronger statutory protection than many inland states. But the protections are paper rights enforced privately: West Virginia has no HOA regulator, so the quality of your review is what protects you. The certificate is the anchor document, read against flood-zone status, the master policy, and reserve adequacy in a state that mandates no reserve funding.
What the resale certificate (§36B-4-109) must disclose
On a resale, the selling owner must furnish the declaration, bylaws, rules, and a resale certificate before contract execution or conveyance. The certificate must disclose any right of first refusal or restraint on alienability, the monthly common-expense assessment and any unpaid assessment due from the seller, other fees, anticipated capital expenditures for the current and two succeeding fiscal years, reserves for capital expenditures, the most recent balance sheet and income/expense statement, the current budget, unsatisfied judgments and pending suits, insurance coverage, and whether the unit is subject to leasing or other restrictions. The association must provide it within 10 days of request.
Why the certificate is binding — and why that protects you
A West Virginia purchaser is not liable for any unpaid assessment or fee greater than the amount stated in the certificate, which makes the certificate binding on the association. That is a meaningful protection: a clean certificate caps your exposure to assessments the seller failed to pay. A blank reserve or capital-expenditure line, or an omitted lawsuit, is therefore both a disclosure gap and a place where the binding effect works in your favor — press to have it completed before you rely on it.
The five-day cancellation window
Under §36B-4-109, the purchase contract is voidable by the purchaser until the resale certificate is provided and for five days thereafter (or until conveyance, whichever comes first). This is West Virginia's resale rescission window — a real statutory protection that many states lack. Confirm exactly when the complete certificate was delivered, because that is when your five-day clock starts. For new construction sold under a public offering statement, a separate 15-day cancellation right applies under §36B-4-108.
What to request beyond the statute
The certificate is a floor, not a ceiling. Also request multi-year financials and budget-to-actual, the master insurance declarations page and claims history (especially flood), any reserve study if one exists, engineering or roof/envelope reports, the FEMA flood-zone determination and elevation certificate, minutes beyond the last year, pending-litigation detail, and the management contract. Confirm whether the condo was created before July 1, 1986 — if so, it may fall under the older Unit Property Act (Chapter 36A) rather than 36B.
West Virginia legal references
- W. Va. Code §36B-4-109 — Resales of units (resale certificate; 5-day voidability)
- W. Va. Code §36B-4-108 — Purchaser's right to cancel (15-day new-construction)
- W. Va. Code §36B-1-101 et seq. — Uniform Common Interest Ownership Act
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these West Virginia statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a West Virginia specialist →Reviewer's checklist
- Confirm the seller furnished the complete §36B-4-109 resale certificate
- Verify the certificate was delivered and note when the 5-day cancellation window started
- Read the reserve and three-year anticipated capital-expenditure disclosures
- Confirm no unsatisfied judgments or pending suits are omitted
- Request the FEMA flood-zone determination and any elevation certificate
- Read the master insurance declarations page and flood-coverage status
- Request any reserve study (not mandated — request if it exists)
- Confirm whether the condo was created before July 1, 1986 (Chapter 36A overlay)
- Request engineering, roof, envelope, and any post-flood structural reports
- Use the certificate's binding effect — you are not liable above the stated amounts
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Related risk areas
Read these next to round out your due diligence
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Insurance risk
The association's master insurance policy determines what your personal HO-6 policy needs to cover — and what it does not.
Governance risk
An association's governance health is a leading indicator of every other risk.
FAQ
Frequently asked questions
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Get Your Free Condo Risk Report
Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Mortgage broker
- Insurance broker