West Virginia guide
West Virginia condo resale certificate review
West Virginia is one of the stronger inland states for resale disclosure because it kept UCIOA Article 4. On a resale, the selling owner must furnish the declaration, bylaws, rules, and a resale certificate under W.
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Va. Code §36B-4-109 before contract execution or conveyance, and the association must provide it within 10 days of request. The certificate is binding — you are not liable for any unpaid assessment greater than the amount it states — and it triggers a real five-day cancellation window. But it is a disclosure floor, not a quality guarantee: reserves are disclosed "if any," and West Virginia mandates no reserve funding, so read the certificate against the budget, the flood picture, and the minutes.
What §36B-4-109 requires the certificate to disclose
The resale certificate must disclose the effect of any right of first refusal or other restraint on alienability, the monthly common-expense assessment and any unpaid common or special assessment currently due from the seller, any other fees payable by owners, capital expenditures anticipated for the current and two succeeding fiscal years, reserves for capital expenditures and how they are held, the most recent balance sheet and income/expense statement and the current operating budget, unsatisfied judgments against the association and pending suits to which it is a party, the insurance coverage provided for owners, whether alterations to the unit violate the declaration, and whether the unit is subject to leasehold or other restrictions. That is a broad, buyer-friendly list — confirm every field is completed rather than left blank.
The certificate is binding on the association
A 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. The flip side is that a blank reserve line, an omitted special assessment, or an undisclosed lawsuit is both a disclosure gap and a place where the binding effect works in your favor — press to have the certificate completed before you rely on it. The forward-looking three-year capital-expenditure disclosure is the most underused field; it forces anticipated big-ticket spending into writing.
The 10-day delivery rule and the 5-day cancellation window
The association must furnish the certificate to the requesting owner within 10 days of request. More importantly, the purchase contract is voidable by the purchaser until the certificate is provided and for five days thereafter (or until conveyance, whichever comes first). This is West Virginia's resale rescission window — a statutory protection Colorado and many states lack. Confirm exactly when the complete certificate was delivered, because that is when your five-day clock starts. Request it early so the window leaves room to read the documents rather than racing the clock at closing.
Read the certificate against what it omits
The certificate is a snapshot, not a full file. Read the reserve and capital-expenditure lines against the budget and multi-year financials, the insurance summary against the master-policy declarations page (especially flood), and the litigation disclosure against the minutes. Because West Virginia is extraordinarily flood-prone and flood is excluded from standard policies, also request the FEMA flood-zone determination and any elevation certificate. Finally, 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, which changes which rules govern.
West Virginia legal references
- W. Va. Code §36B-4-109 — Resales of units (resale certificate; 10-day delivery; binding; 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 certificate before contract or conveyance
- Verify the certificate was delivered within 10 days of request
- Note exactly when the complete certificate arrived — the 5-day window starts then
- Read the reserve and three-year anticipated capital-expenditure disclosures
- Confirm no unsatisfied judgments or pending suits are omitted
- Use the certificate's binding effect — you are not liable above the stated amounts
- Read the insurance summary against the master-policy declarations page (flood especially)
- Request the FEMA flood-zone determination and any elevation certificate
- Confirm whether the condo was created before July 1, 1986 (Chapter 36A overlay)
Want this same review on your actual documents? We do it free, with page citations you can verify.
Get My Free Risk Report →Source documents
- Declaration & bylawsthe rules
- Budget & financialsthe money
- Reserve studythe big repairs
- Meeting minuteswhat the board fears
Cross-reference
The risk lives in the contradiction between documents.
An assessment in the minutes but not the estoppel; a reserve the budget never funds.
Risk report
Severity-graded across 8 categories.
Every finding cites the document, page number, and quoted text.
How CondoSignal reviews this
We read the reserve study, operating budget, and 24 months of meeting minutes together — west virginia condo resale certificate review risk usually lives in the contradiction between documents, not in any single one of them. Every finding cites the source document, the page number, and the quoted text behind it.
See our 8-category framework →Risk Intelligence
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Related reading
Guides for West Virginia buyers and owners
West Virginia's Resale Certificate and the 5-Day Cancellation Window: A Condo Buyer's Guide
West Virginia kept UCIOA Article 4, so resale buyers get a binding resale certificate and a real five-day cancellation window. Here is what W. Va. Code §36B-4-109 must disclose, how the clock works, and what to do before it runs out.
Should I Buy a Condo With Incomplete Resale Documents?
Incomplete resale documents are a red flag of their own near your deadline. Learn what's usually missing and get a free document review.
What to Look for in Condo Documents: A Buyer's Complete Guide
A resale package contains roughly a dozen documents. Learn what each one discloses, what most buyers overlook, and which sections to read closely before you close.
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Reviewed by Kirk Hasley, Founder. Every claim here is checked against current West Virginia statute and primary sources, using the same documented review framework we run on every file. Last reviewed June 13, 2026.
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Risk Intelligence
Review the documents before your contingency ends
Most buyers get 7–14 days to review condo documents. Upload the packet — we read the reserve study, budget, minutes, and insurance summary and flag the risks, every finding linked to the exact page. Free.
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