{"data":{"id":"us-wv/w.-va.-code-36b-4-101","jurisdiction":"us-wv","citation":"W. Va. Code § 36B-4-101","heading":"Applicability; waiver.","body":"(a) This article applies to all units subject to this chapter except as provided in subsection (b) or as modified or waived by agreement of purchasers of units in a common interest community in which all units are restricted to nonresidential use.\n(b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:\n(1) A gratuitous disposition of a unit;\n(2) A disposition pursuant to court order;\n(3) A disposition by a government or governmental agency;\n(4) A disposition by foreclosure or deed in lieu of foreclosure;\n(5) A disposition to a dealer;\n(6) A disposition that may be canceled at any time and for any reason by the purchaser without penalty; or\n(7) A disposition of a unit in a planned community in which the declaration limits the maximum annual assessment of any unit to not more than $500, as adjusted pursuant to section 1-114 (Adjustment of dollar amounts) if:\n(i) The declarant has a reasonable and good faith belief that the maximum stated assessment will be sufficient to pay the expenses of the planned community;\n(ii) The declaration cannot be amended to increase the assessment during the period of declarant or declarant's family control without the consent of a majority of unit owners other than the declarant; and\n(iii) The planned community is not subject to any development rights.","path":["CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.","ARTICLE 4. PROTECTION OF PURCHASERS."],"source_url":"https://code.wvlegislature.gov/36B-4-101/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:06Z","sha256":"a9e389532cbd316afa9d9891fd71cd6bc5f4e6a40bd6cb88837ebdab9105010a","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-36b-3-119","next":"us-wv/w.-va.-code-36b-4-102"},"notice":"GroundRules: Original legal text. Not legal advice."}