Terms Used In West Virginia Code > Chapter 36A > Article 7 - Assessments, Taxation and Liens

• Building: means any multiunit building or buildings or complex thereof, whether in vertical or horizontal arrangement, as well as other improvements comprising a part of the property and used or intended for use for residential, commercial or industrial purposes or for any other lawful purpose or for any combination of such uses. See West Virginia Code 36A-1-2
• Clerk: means the clerk of the county court of the county in which the property is situate. See West Virginia Code 36A-1-2
• Common elements: means and includes:

  (i) The land on which the building is located and portions of the building which are not included in a unit. See West Virginia Code 36A-1-2

• Common expenses: means and includes:

  (i) Expenses of administration, maintenance, repair and replacement of the common elements. See West Virginia Code 36A-1-2

• Council: means a board of natural individuals of the number stated in the code of regulations who are residents of this state, who need not be unit owners and who shall manage the business, operation and affairs of the property on behalf of the unit owners and in compliance with and subject to the provisions of this chapter. See West Virginia Code 36A-1-2
• County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
• Declaration: means the instrument by which the owner of property submits it to the provisions of this chapter as hereinafter provided, and all amendments thereof. See West Virginia Code 36A-1-2
• Declaration plan: means a survey of the property prepared in accordance with section two, article four, of this chapter. See West Virginia Code 36A-1-2
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Person: means a natural individual, corporation, partnership, association, trustee or other legal entity. See West Virginia Code 36A-1-2
• Property: means and includes the land, the building, all improvements thereon, all owned in fee simple, and all easements, rights and appurtenances belonging thereto, which have been or are intended to be submitted to the provisions of this chapter. See West Virginia Code 36A-1-2
• Recorded: means that an instrument has been duly entered of record in the office of the clerk of the county court of the county in which the property is situate. See West Virginia Code 36A-1-2
• Unit: means a part of the property designed or intended for any type of independent use, which has a direct exit to a public street or way, or to a common element or common elements leading to a public street or way, or to an easement or right-of-way leading to a public street or way, and includes the proportionate undivided interest in the common elements which is assigned thereto in the declaration, or any amendments thereof. See West Virginia Code 36A-1-2
• Unit owner: means the person or persons owning a unit in fee simple. See West Virginia Code 36A-1-2