West Virginia Statutes
§ 36B-2-113 — Subdivision of units
West Virginia·Ch. 36B UNIFORM COMMON INTEREST OWNERSHIP ACT·Art. 2 CREATION, ALTERATION AND TERMINATION OF COMMON INTEREST COMMUNITIES
(a)If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including in a condominium or planned community the plats and plans, subdividing that unit.
(b)The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.
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Legislative History
1986 Reg. Sess., SB102; 1984 Reg. Sess., SB171; 1980 Reg. Sess., HB788
Nearby Sections
15
§ 36B-1-101
Short Title§ 36B-1-102
Applicability§ 36B-1-103
Definitions§ 36B-1-104
Variation by agreement§ 36B-1-105
Separate titles and taxation§ 36B-1-107
Eminent domain§ 36B-1-109
Construction against implicit repeal§ 36B-1-110
Uniformity of application and construction§ 36B-1-111
Unconscionable agreement or term of contract§ 36B-1-112
Obligation of good faith§ 36B-1-113
Remedies to be liberally administered§ 36B-1-114
Adjustment of dollar amounts