WVC 36 B- 2 - 116
§36B-2-116. Easement rights.
(a) Subject to the provisions of the declaration, a
declarant has an easement through the common elements as may be
reasonably necessary for the purpose of discharging the
declarant's obligations or exercising special declarant rights,
whether arising under this chapter or reserved in the
(b) In a planned community, subject to the provisions of
sections 3-102(a)(6) and 3-112, the unit owners have an easement
(i) in the common elements for purposes of access to their units
and (ii) to use the common elements and all real estate that must
become common elements (section
2-105(a)(6)) for all other purposes.