West Virginia Code 36A-4-1 – Contents of declaration
The declaration shall contain the following:
Terms Used In West Virginia Code 36A-4-1
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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
- 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
- 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
- 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
- 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
- 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
(a) A reference to this chapter and an expression of the intention to submit the property to the provisions of this chapter;
(b) A description of the land and building;
(c) The name by which the property will be known;
(d) A statement that the property is to consist of units and common elements as shown in a declaration plan;
(e) A description of the common elements and the proportionate undivided interest, expressed as a percentage, assigned to each unit therein, which percentages shall aggregate one hundred percent;
(f) A statement that the proportionate undivided interest in the common elements may be altered by the recording of an amendment duly executed by all unit owners affected thereby;
(g) A statement of the purposes or uses for which each unit is intended and restrictions, if any, as to use;
(h) The names of the first members of council;
(i) Any further details in connection with the property which the party or parties executing the declaration may deem appropriate.