WVC 36 B- 1 - 205
§36B-1-205. Same -- Exception for small preexisting
cooperatives and planned communities.
If a cooperative or planned community created within this
state before the effective date of this chapter contains no more
than twelve units and is not subject to any development rights, it
is subject only to sections 1-105 (separate titles and taxation),
1-106 (applicability of local ordinances, regulations and building
codes), and 1-107 (eminent domain) unless the declaration is
amended in conformity with applicable law and with the procedures
and requirements of the declaration to take advantage of the
provisions of section 1-206, in which case all the sections
enumerated in section 1-204 apply to that cooperative or planned
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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