WEST VIRGINIA LEGISLATURE
2023 REGULAR SESSION
Originating House Bill 3558
By Delegates Howell, Clark, A. Hall, Fehrenbacher and Petitto [Originating in the Committee on Economic Development &
Tourism; reported on February 22, 2023]
 Org HB 3558
1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
2 designated §36B-1-203a, relating to providing an exception to the provisions of the
3 Uniform Common Interest Ownership Act (UCIOA) for planned communities which
4 prescribe in their declaration that the act will not apply.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. GENERAL PROVISIONS.
§36B-1-203a. Applicability to new common interest communities - exception.
1 (a) The Uniform Common Interest Ownership Act (UCIOA) shall only apply to a planned
2 community, regardless of size, if the declaration of that planned community expressly adopts the
3 UCIOA and elects to be subject to it.
4 (b) A planned community may amend its existing declaration in order to clarify whether the
5 planned community either: (i) intends to remain subject to the UCIOA; or, alternatively, (ii) intends
6 to prospectively release itself from further application of the UCIOA in the planned community.
NOTE: The purpose of this bill is to provide that planned communities may choose to be subject to the UCIOA.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected:
Originating in Committee: 36B-1-203a