Senate Bill No. 569

(By Senator Snyder)

____________

[Introduced February 21, 2011; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]

____________

A BILL to amend and reenact §36B-1-203 of the Code of West Virginia, 1931, as amended, relating to an increase in homeowners’ associations’ dues so that there is sufficient funding to maintain environmental management plans and streets.

Be it enacted by the Legislature of West Virginia:

    That §36B-1-203 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. GENERAL PROVISIONS.

§36B-1-203. Applicability to new common interest communities. -- Exception for small and limited expense liability planned communities.

    If a planned community:

    (1) Contains no more than twelve units and is not subject to any development rights; or

    (2) Provides, in its declaration, that the annual average common expense liability of all units restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, may not exceed three hundred dollars $1,000 as adjusted pursuant to section 1-114 (adjustment of dollar amounts), section one hundred fourteen, article one of this chapter. 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) section one hundred five, article one of this chapter concerning separate titles and taxation; section one hundred six, article one of this chapter concerning applicability of local ordinances, regulations and building codes; and section one hundred seven, article one of this chapter concerning eminent domain unless the declaration provides that this entire chapter is applicable.

    NOTE: The purpose of this bill is to increase homeowners’ associations dues so that there is sufficient funding to maintain environmental management plans and streets.

    Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.