West Virginia Reserve Study Requirements

Encouraged / disclosure

No — West Virginia does not require HOAs or condominium associations to conduct reserve studies or to fund reserves at any minimum level. The West Virginia Uniform Common Interest Ownership Act (W. Va. Code ch. 36B) authorizes associations to budget for reserves (§ 36B-3-102(a)(2)) and requires reserve disclosures in public offering statements (§ 36B-4-103) and resale certificates (§ 36B-4-109), but it imposes no study cycle and no funding mandate.

Verified against the statute 2026-07-06

Who it applies to

Chapter 36B covers condominiums, cooperatives, and planned communities (HOAs) created after its 1986 effective date, and § 36B-1-204 extends the reserve-budget power and resale-certificate duty to preexisting communities. Small planned communities — no more than 12 units, or annual per-unit assessments capped at $300 (as adjusted) — are exempt from nearly all of the chapter under § 36B-1-203 unless their declaration opts in.

Study cycle

No statutory cycle — reserve studies are never mentioned in Chapter 36B.

Funding rules

No minimum reserve balance or contribution is required. Budgeting for reserves is a discretionary association power under § 36B-3-102(a)(2); how much to reserve is governed only by the declaration, bylaws, and the board's fiduciary judgment.

Disclosure rules

A declarant's public offering statement must state the amount budgeted as a reserve for repairs and replacement — or that there is none — plus any other reserves (§ 36B-4-103(a)(5)). On resale, the certificate must disclose capital-expenditure reserves, project-designated portions, and capital expenditures anticipated for the current and two succeeding fiscal years (§ 36B-4-109(a)(4)-(5)).

The statutes

Adversarially re-verified July 2026: fetched W. Va. Code §§ 36B-3-102, 36B-4-103 (subsection (a)(5)(i)-(ii)), 36B-4-109 (subsection (a)(4)-(5)), 36B-1-203 (12-unit/$300-as-adjusted exemption), and 36B-1-204 (extension of §§ 3-102(a)(1)-(6) and 4-109 to preexisting communities) from code.wvlegislature.gov and confirmed each quoted provision verbatim; the chapter's 1986 (July 1, 1986) effective date confirmed via secondary sources. Informational only — not legal advice. Confirm with the primary source and a community-association attorney licensed in West Virginia. Report an issue.

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