West Virginia Statewide Rule

West Virginia HOA Board: Meetings, Elections & Records (W. Va. Code §§ 36B-3-103, 3-108, 3-118)

Some RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Governing law: W. Va. Code §§ 36B-3-103 (board), 3-108 (meetings), 3-118 (records)
Annual meeting: At least once each year (§ 36B-3-108)
Meeting notice: 10-60 days in advance, with agenda
Open meetings: No general statutory open-meeting mandate
Records access: Reasonably available to any unit owner (§ 36B-3-118)

Last verified: August 20, 2026

Summary

Under West Virginia's Uniform Common Interest Ownership Act, § 36B-3-108 requires at least one association meeting a year with 10-60 days' agenda notice; it does not impose a general open-meeting mandate. Section 36B-3-103 governs board composition and the handover from declarant control, and § 36B-3-118 makes association records reasonably available to owners.

§36B-3-103. Executive board members and officers. (a) Except as provided in the declaration, the bylaws, subsection (b), or other provisions of this chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are required to exercise (i) if appointed by the declarant, the care required of fiduciaries of the unit owners and (ii) if elected by the unit owners, ordinary and reasonable care. (b) The executive board may not act on behalf of the association to amend the declaration (section 2-117), to terminate the common interest community (section 2-118) or to elect members of the executive board or determine the qualifications, powers and duties, or terms of office of executive board members (section 3-103(f)), but the executive board may fill vacancies in its membership for the unexpired portion of any term. (c) Within thirty days after adoption of any proposed budget for the common interest community, the executive board shall provide a summary of the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than thirty days after mailing of the summary. Unless at that meeting a majority of all unit owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present.

View official code

Full Breakdown

Section 36B-3-108 requires that "a meeting of the association must be held at least once each year," with notice sent "not less than ten nor more than sixty days in advance," stating the time, place, and agenda; special meetings may be called by the president, a board majority, or owners with 20% of the votes. The WV-UCIOA contains no broad statutory right for owners to attend executive-board sessions, so attendance largely depends on the bylaws. Section 36B-3-103 governs the executive board, officers, fiduciary duties, and the transition of control from declarant to unit owners. Section 36B-3-118 requires the association to keep financial records and provides that "all financial and other records must be made reasonably available for examination by any unit owner and his authorized agents."

Violations & Penalties

No specific statutory penalty. Owners enforce these rights through the governing documents and civil action; the WV-UCIOA leaves meeting-attendance and records disputes to be resolved under the bylaws and the courts.

Frequently Asked Questions

Are West Virginia HOA board meetings open to owners?

The WV-UCIOA does not impose a general open-meeting mandate for executive-board sessions. Section 36B-3-108 governs the required annual association meeting, its notice, and special meetings, but a right to attend board meetings depends mainly on the association's bylaws.

How often must a West Virginia HOA hold a meeting?

Under § 36B-3-108, a meeting of the association must be held at least once each year, with notice sent not less than ten nor more than sixty days in advance stating the time, place, and agenda. Special meetings may be called by owners holding 20% of the votes.

Can I see my West Virginia HOA's financial records?

Yes. Section 36B-3-118 requires the association to keep financial records and provides that all financial and other records must be made reasonably available for examination by any unit owner and his authorized agents.

Sources

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