This bill proposes the creation of a new chapter in the Code of West Virginia, titled "Land Use Associations," which aims to regulate and oversee land use associations (LUAs) in the state. It establishes definitions for key terms, including "community," "declaration," and "land use association," and outlines the purpose of the legislation, which is to protect the rights of property owners in common interest communities. The bill mandates that LUAs maintain liability insurance with a minimum coverage of $200,000 and creates a West Virginia Land Use Association Division within the Secretary of State's Office to oversee these associations. This division will be responsible for regulating LUAs, taking legal action against them for violations, and creating an alternative dispute resolution process for conflicts involving property owners.
Additionally, the bill requires all land use associations to register annually with the Secretary of State by July 1, providing specific information about their operations from the preceding year. The registration process can be completed online or via paper forms, with a processing fee not exceeding $20. The Secretary of State is tasked with maintaining a searchable database of these registrations for at least ten years, ensuring transparency and accessibility for property owners seeking information about their associations. Overall, the legislation aims to enhance the governance and accountability of land use associations in West Virginia.
Statutes affected: Introduced Version: 31K-1-1, 31K-1-2, 31K-1-3, 31K-1-4, 31K-1-5, 31K-2-1, 31K-3-1, 31K-3-2