HOA Relief

States

West Virginia special assessments: what your board must do.

Owners can reject a budget by a majority of all owners; interest is capped at 18%.

Does the board need an owner vote?

The sections cited set no separate owner vote for a special assessment. They do let owners reject a budget: the board must send a budget summary within 30 days of adopting it and hold an owners' meeting 14 to 30 days after mailing it, and the budget stands unless a majority of all unit owners (or a larger vote the declaration sets) rejects it. This applies to communities created after the Act took effect, not to small or limited-expense planned communities (36B-1-203).

W. Va. Code 36B-3-103(c)

What notice must owners get?

Notice of any owners' meeting must be hand-delivered or mailed 10 to 60 days ahead. It must give the time, place and agenda, including any budget changes. This applies to communities created after the Act took effect, not to small or limited-expense planned communities (36B-1-203).

W. Va. Code 36B-3-108

Your right to see the records

The association's financial and other records must be made reasonably available for examination by any unit owner and the owner's authorized agents. The section sets no deadline for the association to respond. It also reaches older communities, for events after the Act took effect, but not small preexisting planned communities (36B-1-204, 36B-1-205).

W. Va. Code 36B-3-118

Payment plans, late fees and liens

A past-due assessment bears interest at a rate the association sets, up to 18% a year, in communities created after the Act took effect. The association has a lien on your unit from the time an assessment is due; to perfect and preserve it, the association must notify you by certified or registered mail (or as West Virginia's service rules allow), and the lien is discharged as to later buyers without notice unless a notice of lien is recorded. It must also give you a statement of what you owe within 10 business days of your written request.

W. Va. Code 36B-3-115(b); 36B-3-116(a), (g), (h)

In West Virginia, the same rules cover condos and HOAs.

Summarised from the statutes in November 2026. Not legal advice; your declaration and bylaws may add more rules.