West Virginia's W. Va. Code § 36B-3-102 lets a unit owners' association adopt and amend rules and regulate use and modification of common elements. It enforces the declaration, bylaws, and rules through reasonable fines after notice and a hearing and through litigation in its own name. Architectural control flows from the recorded declaration plus these powers.
Section 36B-3-102(a)(1) authorizes the association to "adopt and amend bylaws and rules and regulations," and other subsections let it regulate the use, maintenance, repair, and modification of common elements and "institute, defend, or intervene in litigation...in its own name on behalf of itself or two or more unit owners." Its core enforcement tools are the reasonable fines and late charges of § 36B-3-102(a)(11), available only after notice and an opportunity to be heard. The WV-UCIOA contains no stand-alone architectural-control or design-review statute; that authority arises from the recorded declaration's covenants combined with the association's rule-making and use-regulation powers. Sums owed for enforcement become part of the § 36B-3-116 lien, with costs and reasonable attorney's fees for the prevailing party.
Reasonable fines after notice and a hearing (§ 36B-3-102(a)(11)) and litigation in the association's name. Continued noncompliance can result in assessment liens enforceable by foreclosure under § 36B-3-116, with costs and reasonable attorney's fees.
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