§ 36B-2-108 — Limited common elements

West Virginia § 36B-2-108

• Jurisdiction: West Virginia
• Ch. 36B: UNIFORM COMMON INTEREST OWNERSHIP ACT
• Art. 2: CREATION, ALTERATION AND TERMINATION OF COMMON INTEREST COMMUNITIES

Text

(a) Except for the limited common elements described in section 2-102(2) and (4), the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the unit owners whose units are affected.

(b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it. The amendment must be recorded in the names of the parties and the common interest community.

(c) A common element not previously allocated as a limited common element may be so allocated only pursuant to provisions in the declaration made in accordance with section 2-105(a)(7). The allocations must be made by amendments to the declaration.

Legislative History

1986 Reg. Sess., SB102; 1984 Reg. Sess., SB171; 1980 Reg. Sess., HB788