The proposed bill aims to establish the Uniform Unlawful Restriction in Land Records Act in West Virginia, which provides a legal framework for property owners to amend existing deeds that contain unlawful restrictions based on discriminatory criteria such as race, religion, or disability. The bill introduces several definitions, including "unlawful restriction," "amendment," and "governing instrument," and outlines the process for property owners and associations to remove such restrictions from land records. Specifically, it allows property owners to submit amendments to the county recorder to eliminate unlawful restrictions, and it grants governing bodies of associations the authority to amend governing instruments without requiring a vote from members.

Additionally, the bill specifies the requirements for amendments, including the need for a conspicuous statement indicating the removal of unlawful restrictions and the proper execution and acknowledgment of the amendment. It also clarifies that the county clerk is not liable for recording these amendments and emphasizes the importance of uniformity in the application of this law across jurisdictions. The bill modifies the Electronic Signatures in Global and National Commerce Act to ensure compliance with the new provisions while maintaining certain protections. Overall, this legislation seeks to enhance property rights and eliminate discriminatory practices in land records.

Statutes affected:
Introduced Version: 36-3A-1, 36-3A-2, 36-3A-3, 36-3A-4, 36-3A-5, 36-3A-6, 36-3A-7, 36-3A-8, 36-3A-9