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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (WV Common Interest Ownership Act)
West Virginia does not have a stand-alone HOA statute; planned communities and the associations that run them, when created on or after July 1, 1986, are generally governed by the Uniform Common Interest Ownership Act (W. Va. Code Chapter 36B). Under that act the recorded declaration controls, and amending it generally requires the vote or agreement of owners holding at least 67% of the association's votes, or any larger majority the declaration specifies (W. Va. Code § 36B-2-117). Very small, older, or low-assessment communities may fall under limited-applicability provisions, so the declaration and the creation date both matter (W. Va. Code § 36B-1-203, § 36B-1-204).
Condominiums (Common Interest Ownership / Unit Property Act)
Condominiums created on or after July 1, 1986 generally fall under the same Common Interest Ownership Act (Chapter 36B), while many older condominiums remain governed by the West Virginia Unit Property Act (W. Va. Code Chapter 36A) unless they have amended their documents to opt into the newer law. Either way, the recorded declaration sets the controlling amendment rules, and the 67% default in W. Va. Code § 36B-2-117 generally applies to Chapter 36B condominiums unless a higher figure is written into the documents. Because two different statutes can apply, confirming which act governs and the exact percentage in your declaration is an important first step.
How the vote can run
For Chapter 36B communities, owners generally vote at a properly noticed meeting, and votes may be cast in person or by proxy; a proxy is generally void if it is undated or purports to be revocable without notice, and it terminates one year after its date (W. Va. Code § 36B-3-110). The act does not expressly spell out written or electronic ballots, so whether mail-in, online, or email voting is permitted generally depends on what your declaration and bylaws allow. Meeting notice generally must be sent not less than 10 nor more than 60 days ahead and state the agenda, including the general nature of any proposed amendment (W. Va. Code § 36B-3-108).
Before we quote
West Virginia details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful West Virginia vote has to answer.
Two statutes can apply: the Common Interest Ownership Act (Chapter 36B) for communities created on or after July 1, 1986, and the older Unit Property Act (Chapter 36A) for many pre-1986 condominiums.
The default threshold to amend the declaration is generally at least 67% of the association's votes, or a larger majority if the declaration specifies one (W. Va. Code § 36B-2-117).
A smaller percentage is generally allowed only if all units are restricted to nonresidential use, so most residential communities cannot drop below the 67% floor by vote alone.
Certain changes — creating or increasing special declarant rights, adding units, changing unit boundaries, altering allocated interests, or changing permitted uses — generally require unanimous owner consent (W. Va. Code § 36B-2-117(d)).
An amendment generally is not effective until it is recorded in every county where any part of the community is located; West Virginia has no separate state HOA agency to file with (W. Va. Code § 36B-2-117).
Meeting notice generally must be sent 10 to 60 days in advance by hand delivery or U.S. mail and must describe the general nature of any proposed amendment (W. Va. Code § 36B-3-108).
In-person and proxy voting are authorized, with proxies dated, revocable by notice, and expiring after one year (W. Va. Code § 36B-3-110); written or electronic ballots generally depend on the governing documents.
Many declarations add their own conditions — higher percentages, quorum rules, or mortgagee consent — that apply on top of the statutory floor, so the recorded documents should always be reviewed.
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