West Virginia Code 36A-3-3 – Contents of code of regulations
The code of regulations shall provide for at least the following and may include other lawful provisions:
Terms Used In West Virginia Code 36A-3-3
- 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
- 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
- Quorum: The number of legislators that must be present to do business.
- 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) Identification of the property by reference to the place of record of the declaration and the declaration plan;
(b) The method of calling meetings of unit owners and meetings of the council;
(c) The number of unit owners and the number of members of council which shall constitute a quorum for the transaction of business;
(d) The number and qualification of members of council, the duration of the term of such members and the method of filling vacancies;
(e) The annual election by the council of a president, secretary and treasurer and any other officers which the code of regulations may specify;
(f) The duties of each officer, the compensation and removal of officers and the method of filling vacancies;
(g) Maintenance, repair and replacement of the common elements and payment of the cost thereof;
(h) The manner of collecting common expenses from unit owners; and
(i) The method of adopting and of amending rules governing the details of the use and operation of the property and the use of the common elements.