West Virginia HOA Assessments, Liens & Foreclosure (W. Va. Code § 36B-3-116)

Section 36B-3-116(a) gives the association "a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due." Subsection (b) grants the lien priority over a first security interest to the extent of the common-expense assessments that would have become due during "the six months immediately preceding institution of an action to enforce the lien": the six-month super-priority. The lien is enforced by foreclosure, and an action must be instituted within three years after the full amount of the assessments becomes due or the lien is extinguished. A judgment must include costs and reasonable attorney's fees for the prevailing party.

No flat statutory penalty. The owner owes unpaid assessments, interest, late charges, costs, and reasonable attorney's fees. The lien can be foreclosed, leading to a sale and loss of the home; the three-year limitation runs from when the full amount of the assessments becomes due.