Terms Used In West Virginia Code > Chapter 36A > Article 8 - Miscellaneous

• 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
• Code of regulations: means such governing regulations as are adopted pursuant to this chapter for the regulation and management of the property, including such amendments thereof as may be adopted from time to time. 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
• 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
• majority of the unit owners: means the owners of more than fifty percent in the aggregate in interest of the undivided ownership of the common elements as specified in the declaration. 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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