WVC 36 B- 3 - 105
§36B-3-105. Termination of contracts and leases of declarant.
If entered into before the executive board elected by the
unit owners pursuant to section 3-103(f) takes office, (i) any
management contract, employment contract, or lease of
recreational or parking areas or facilities, (ii) any other
contract or lease between the association and a declarant or an
affiliate of a declarant, or (iii) any contract or lease that is
not bona fide or was unconscionable to the unit owners at the
time entered into under the circumstances then prevailing, may be
terminated without penalty by the association at any time after
the executive board elected by the unit owners pursuant to
section 3- 103(f) takes office upon not less than ninety days'
notice to the other party. This section does not apply to: (i)
Any lease the termination of which would terminate the common
interest community or reduce its size, unless the real estate
subject to that lease was included in the common interest
community for the purpose of avoiding the right of the
association to terminate a lease under this section, or (ii) a
Note: WV Code updated with legislation passed through the 2016 Regular Session
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