Senate Bill No. 74
(By Senator Snyder)
[Introduced January 11, 2012; referred to the Committee on Interstate Cooperation; and then 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 certain exemptions for small planned communities from the Uniform Common Interest Ownership Act.
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 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 as adjusted pursuant to section 1-114 (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 one of this chapter concerning (eminent domain), unless the declaration provides that this entire chapter is applicable.
NOTE: The purpose of the bill is to amend and expand the exemptions for small planned communities.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.