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Introduced Version Senate Concurrent Resolution 25 History

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SENATE CONCURRENT Resolution 25

(By Senators Rucker, Azinger, Boley, Chapman, Deeds, Hunt, Karnes, Martin, Maynard, Roberts, Smith, Stuart, Swope, Taylor, and Weld)

[Introduced March 10, 2023]

 

Requesting the Joint Committee on Government and Finance study the effects of the Uniform Common Interest Ownership Act on investment opportunities for condominium, planned community, and real estate cooperative development projects in the State of West Virginia.

Whereas, The Uniform Common Interest Ownership Act is a uniform statute that governs the creation, management, and termination of condominiums, planned communities, and real estate cooperatives that was created in 1982; and

Whereas, Since its creation, only nine states have chosen to adopt and codify portions of the Uniform Common Interest Ownership Act or to adopt and codify the act in its entirety: Alaska, Colorado, Connecticut, Delaware, Minnesota, Nevada, Vermont, Washington, and West Virginia; and

Whereas, In 1986, the State of West Virginia adopted the Uniform Common Interest Ownership Act and codified said act in §36B-1-101 et seq. of the Code of West Virginia; and

Whereas, Since its codification, the State of West Virginia has amended the Uniform Common Interest Ownership Act only five times;

Whereas, The Uniform Common Interest Ownership Act outlines complex, detailed, and strict requirements that developers of condominiums, planned communities, and real estate cooperatives must follow for those properties that fall under the purview of the act; and

Whereas, The Supreme Court of West Virginia has made clear that if a condominium, planned community, or real estate cooperative has certain characteristics that fall under the Uniform Common Interest Ownership Act, the developer of those properties shall be bound to the strict requirements of the act; and

Whereas, The Supreme Court of West Virginia has retroactively applied the strict requirements of the Uniform Common Interest Ownership Act to developers who invested in and developed condominiums, planned communities, and real estate cooperatives within the State of West Virginia to which the act was never intended to apply; and

Whereas, The complex, detailed, and strict requirements of the Uniform Common Interest Ownership Act coupled with the Supreme Court’s retroactive application of same may have a chilling effect on potential development projects, potential investments, ongoing development projects, and ongoing investments within the State of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested the effects of the Uniform Common Interest Ownership Act on condominium, planned community, and real estate cooperative projects within the State of West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine if it is necessary to amend the Uniform Common Interest Ownership Act to encourage the development of and investment in condominiums, planned communities, and real estate cooperatives within the State of West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to compare the State of West Virginia’s version of the Uniform Common Interest Ownership Act to versions of the act that has been adopted in other states and determine if the act should be amended in the State of West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine if the Uniform Common Interest Ownership Act should remain in effect in the State of West Virginia, or if the state should adopt an alternative act that is enacted in other states (such as the Uniform Condominium Act (UCA), the Uniform Planned Community Act (UPCA), or the Uniform Real Estate Cooperative Act (MRECA)); and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine if developers should have the ability to opt in or opt out to the provisions of the Uniform Common Interest Ownership Act by mutual agreement through contract at the time the development project is undertaken; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2024, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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