WVC 36 A-
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
WVC 36 A- 2 -
ARTICLE 2. GENERAL PROVISIONS.
WVC 36 A- 2 - 1
§36A-2-1. Status of units; ownership.
Each unit, together with its proportionate undivided
interest in the common elements, is for all purposes real
property and the ownership of each unit, together with its
proportionate undivided interest in the common elements, is for
all purposes the ownership of real property.
WVC 36 A- 2 - 2
§36A-2-2. Common elements.
The percentage of undivided interest in the common elements
assigned to each unit shall be set forth in the declaration and
such percentage shall not be altered except by recording an
amended declaration duly executed by all of the unit owners
affected thereby. The undivided interest in the common elements
may not be separated from the unit to which such interest
pertains and shall be deemed to be conveyed, leased or encumbered
with the unit even though such interest is not expressly referred
to or described in the deed, lease, mortgage or other instrument.
The common elements shall remain undivided and no owner may
exempt himself from liability with respect to the common expenses
by waiver of the enjoyment of the right to use any of the common
elements or by the abandonment of his unit or otherwise, and no
action for partition or division of any part of the common
elements shall be permitted, except as provided in section two,
article eight of this chapter. Each unit owner or lessee thereof
may use the common elements in accordance with the purpose for
which they are intended. The maintenance and repair of the
common elements and the making of any additions or improvements
thereto shall be carried out only as provided in the code of
WVC 36 A- 2 - 3
§36A-2-3. Invalidity of contrary agreements.
Any agreement contrary to the provisions of this chapter
shall be void and of no effect.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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