West Virginia HOA Laws: Fines, Foreclosure & Your Rights (2026)

West Virginia adopted the Uniform Common Interest Ownership Act (UCIOA) for communities created on or after July 1, 1986, with parts applying retroactively to older ones. Associations may impose reasonable fines after notice and an opportunity to be heard; there is no statutory dollar cap, so the declaration and bylaws set the amounts. Your unusual leverage: in Fleet v. Webber Springs Owners Association the state Supreme Court held that HOA assessments are “claims” under the West Virginia Consumer Credit and Protection Act — so abusive, deceptive, or unfair collection conduct by the association itself (not just a third-party collector) can violate the WVCCPA.

Under § 36B-3-116 the association has a lien on a unit for any assessment levied — AND for fines imposed on the owner — from the time the assessment or fine becomes due. Unless the declaration provides otherwise, fees, charges, late charges, fines, and interest are all enforceable as assessments. If an assessment is payable in installments, the full amount becomes a lien when the first installment comes due. As in other UCIOA states, a limited portion (commonly six months of common expense assessments) takes priority over a first mortgage, and the lien is foreclosed like a mortgage.

West Virginia voids solar restrictions: any covenant, restriction, or condition in a housing association’s governing documents that effectively prohibits or restricts installation or use of a solar energy system is unenforceable, and the statute carries a penalty. Members may vote to establish or remove such a restriction, but the default is protection.

Under UCIOA, association records must be made reasonably available for examination by unit owners and their authorized agents, with limited withholding categories and reasonable copy fees. Nonprofit-organized associations carry additional books-and-records duties under § 31E-1-101 et seq. Recorded declarations, amendments, and lien notices are public at the county recorder.

No. Everything here is general legal information for education. How a statute applies to you depends on your governing documents and facts we can’t see. For a dispute involving your money or your home, talk to a licensed West Virginia attorney. Read the full disclaimer.