WVC 36 A-
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
WVC 36 A- 7 -
ARTICLE 7. ASSESSMENTS, TAXATION AND LIENS.
WVC 36 A- 7 - 1
§36A-7-1. Assessments and taxes.
Each unit and its proportionate undivided interest in the
common elements as determined by the declaration and any
amendments thereof shall be assessed and taxed for all purposes
as a separate parcel of real estate entirely independent of the
building or property of which the unit is a part. Neither the
building, the property nor any of the common elements shall be
assessed or taxed separately after the declaration and
declaration plan are recorded, nor shall the same be subject to
assessment or taxation, except as the units and their
proportionate undivided interests in the common elements are
assessed and taxed pursuant to the provisions of this section.
WVC 36 A- 7 - 2
§36A-7-2. Assessment of charges.
All sums assessed by resolutions duly adopted by the council
against any unit for the share of common expenses chargeable to
that unit shall constitute the personal liability of the owner of
the unit so assessed and shall, until fully paid, together with
interest thereon at the rate of six percent per annum from the
thirtieth day following the adoption of such resolutions,
constitute a charge against such unit which shall be enforceable
as provided in section three of this article.
WVC 36 A- 7 - 3
§36A-7-3. Method of enforcing charges.
Any charge assessed against a unit may be enforced by a
civil action by the council acting on behalf of the unit owners,
provided that each suit when filed shall refer to this chapter
and to the unit against which the assessment is made and the
owner thereof and shall be indexed by the clerk of the county
court of the county in which the unit is situate as lis pendens.
Any judgment against a unit and its owner shall be enforceable in
the same manner as is otherwise provided by law.
WVC 36 A- 7 - 4
§36A-7-4. Mechanics' liens against units.
Any mechanics' liens arising as a result of repairs to or
improvements of a unit by a unit owner shall be liens only
against such unit. Any mechanics' liens arising as a result of
repairs to or improvements of the common elements, if authorized
in writing pursuant to a duly adopted resolution of the council,
shall be paid by the council as a common expense and until so
paid shall be liens against each unit in a percentage equal to
the proportionate share of the common elements relating to such
WVC 36 A- 7 - 5
§36A-7-5. Unpaid assessments at time of voluntary sale of unit.
Upon the voluntary sale or conveyance of a unit, the
purchaser shall be jointly and severally liable with the seller
for all unpaid assessments for common expenses which are a charge
against the unit as of the date of the sale or conveyance, but
such joint and several liability shall be without prejudice to
the purchaser's right to recover from the seller the amount of
any such unpaid assessments which the purchaser may pay, and
until any such assessments are paid they shall continue to be
charged against the unit which may be enforced in the manner set
forth in section three of this article: Provided, however,
any person who shall have entered into a written agreement to
purchase a unit shall be entitled to obtain a written statement
from the treasurer setting forth the amount of unpaid assessments
charged against the unit and its owners, and if such statement
does not reveal the full amount of the unpaid assessments as of
the date it is rendered, neither the purchaser nor the unit shall
be liable for the payment of an amount in excess of the unpaid
assessments shown thereon. Any such excess which cannot be
promptly collected from the former unit owner may be reassessed
by the council as a common expense to be collected from all of
the unit owners, including the purchaser, his successors and
Note: WV Code updated with legislation passed through the 2016 Regular Session
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