West Virginia HOA Laws and Resources

The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination may file a complaint with the West Virginia Human Rights Commission, HUD, or file a private lawsuit in federal or state court.

• Examples of Housing Discrimination
• Joint Statement of HUD and Dept. of Justice Reasonable Accommodations under the Fair Housing Act (2004).
• Joint Statement of HUD and Dept. of Justice Reasonable Modifications under the Fair Housing Act (2008).
• Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (2020).

GOVERNMENT AGENCIES

• Federal Agencies - List of federal agencies with oversight authority over homeowners’ associations.
• West Virginia Government Portal - Search for government information by topic and agency.
• West Virginia Human Rights Commission - The Commission has the authority to investigate alleged violations of housing discrimination. It may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred.
  • Your Guide To Frequently Asked Questions In Discrimination Complaints

  HOA INFORMATION AND DOCUMENTS

  • West Virginia Homeowners' Association Directory - Find the association's contact information, list of active board members, articles of incorporation, and important corporation information by searching for the subdivision or community name.
  • West Virginia Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.

  LEGAL RESOURCES

  • Direct link to West Virginia Code
  • West Virginia State Legislature - Search your state representative and the legislation (or, "statutory law") database.
  • West Virginia State Bar Association - The association provides public access to a lawyer directory, lawyer referral service, and free or low-cost legal services.
    • Tuesday Legal Connect - Every Tuesday evening from 6:00 p.m. to 8:00 p.m., volunteer lawyers take calls from the public and offer guidance to resolve questions and concerns. Call 1-800-642-3617.

    SOLAR RIGHTS

    • Solar energy covenants unenforceable; penalty, W. Va. Code § §36-4-19. The law voids any covenant, restriction, or condition contained in any governing document of a housing association that effectively prohibits or restricts the installation or use of a solar energy system. Associations may, "by [a] vote of its members, establish or remove a restriction that prohibits or restricts the installation or use of a solar energy system."
    • West Virginia Office of Energy - The agency provides solar energy information, tools, and resources.
    • National Renewable Energy Laboratory - The agency provides data sets, maps, models, and tools for the analysis of energy and energy-efficiency technologies.