H. B. 3249
(By Delegate Amores)
[Introduced February 23, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §36B-1-203 of the Code of West
Virginia, 1931, as amended, relating to creating a new type of
common interest community with exceptions.
Be it enacted by the Legislature of West Virginia:
That §36B-1-203 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§36B-1-203. Applicability to new common interest communities. --
Exception for small and limited expense liability
planned communities.
If a planned community:
(1) Contains no more than twelve units and is not subject to
any development rights; or
(2) Provides, in its declaration, that the annual average
common expense liability of all units restricted to residential purposes, exclusive of optional user fees and any insurance
premiums paid by the association, may not exceed three one thousand
five hundred dollars as adjusted pursuant to section 1-114
(adjustment of dollar amounts), it is subject only to sections
1-105 (separate titles and taxation), 1-106 (applicability of local
ordinances, regulations and building codes) and 1-107 (eminent
domain) unless the declaration provides that this entire chapter is
applicable; or
(3) Contains only units that are each at least three acres in
total area.
NOTE: The purpose of this bill is to create a new type of
common interest community with exceptions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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