COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 569

(By Senator Snyder)

____________

[Originating in the Committee on Government Organization;

                    reported March 1, 2011.]                                         ____________

A BILL to amend and reenact §36B-1-203 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum homeowners’ associations’ fees for the exception for small and limited expense liability planned communities.

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 hundred dollars $1,000 as adjusted pursuant to section 1-114 one hundred fourteen of this article (adjustment of dollar amounts), it then the planned community is subject only to sections 1-105 section one hundred five of this article (separate titles and taxation), 1-106 section one hundred six of this article (applicability of local ordinances, regulations and building codes) and 1-107 section one hundred seven of this article (eminent domain), unless the declaration provides that this entire chapter is applicable.