Can an HOA Restrict Rentals in West Virginia?

What West Virginia law says

West Virginia adopted the Uniform Common Interest Ownership Act as W. Va. Code chapter 36B, covering condominiums, planned communities, and cooperatives created under it (older condos may sit under the Unit Property Act, chapter 36A). The Act gives associations broad rulemaking power but draws a specific line on leasing: § 36B-3-102(f)(3), added by HB 2517 in 2016, provides that an association may adopt rules affecting residential units 'only to... restrict the leasing of residential units to the extent those rules are reasonably designed to meet underwriting requirements of institutional lenders that regularly make loans secured by first mortgages on units in common interest communities or regularly purchase those mortgages.' In other words, a board cannot freelance a rental ban by rule — leasing restrictions beyond lender-underwriting needs must live in the declaration.

Declarations themselves may freely contain rental provisions — § 36B-2-105 expressly contemplates 'restrictions on use, occupancy and alienation of the units,' and West Virginia courts enforce recorded covenants as written. That is why Stonebridge Village's 10% non-owner-occupancy cap and seven-month minimum lease, adopted in its recorded rules framework, coexist with The Woods' supplementary declaration affirmatively permitting both short- and long-term rentals. What the statute does not supply is any of the tenant-protective machinery found elsewhere: no mandatory exemptions, no fee caps, no vested-right statute.

West Virginia does protect buyers at the transaction stage. Section 36B-4-103 requires public offering statements to disclose restraints on alienation and restrictions on use, occupancy, and alienation of units, and § 36B-4-109 requires a resale certificate before closing — so rental restrictions must surface in the purchase paperwork, and undisclosed restrictions are hard for an association to spring on a new owner.

• W. Va. Code § 36B-3-102(f)(3) — Board rules may restrict leasing of residential units only as reasonably designed to meet institutional lenders' underwriting requirements; broader rental restrictions must be in the declaration.
• W. Va. Code § 36B-2-105(a)(12) — Declarations may include restrictions on use, occupancy, and alienation of units — the proper home for rental bans and caps.
• W. Va. Code § 36B-4-109 — Requires delivery of a resale certificate to buyers before closing, forcing disclosure of rental restrictions in the purchase process.

What HOAs in West Virginia can and can’t do

HOAs generally can:

• Ban or cap rentals, set minimum lease terms, and require board approval of tenants through the recorded declaration
• Adopt board rules restricting leasing to the extent reasonably designed to meet lender underwriting standards (e.g., FHA/VA owner-occupancy ratios)
• Require every rule to be reasonable (§ 36B-3-102(h)) and enforce recorded leasing covenants through fines and liens
• Require disclosure of all rental restrictions in offering statements and resale certificates

Limits under West Virginia law:

• Impose a substantive rental ban or cap by board rule alone, beyond what lender underwriting reasonably requires
• Enforce rental restrictions that were never recorded or disclosed to buyers in the § 36B-4-109 resale process
• Apply leasing rules discriminatorily in violation of federal or West Virginia fair housing law

Things to know in West Virginia

• The 2016 lender-underwriting amendment (HB 2517) is the provision that most often decides West Virginia leasing disputes: if the HOA's rental rule isn't in the declaration, ask whether it is genuinely tied to mortgage-underwriting requirements.
• No statutory fee limits: unlike Virginia's $50 cap or Utah's $200 rental-fee rule, West Virginia sets no ceiling on lease-registration, transfer, or rental fees — documents alone govern.
• Two-track law: communities created before chapter 36B may still operate under the older Unit Property Act (chapter 36A), which has thinner leasing provisions — check which chapter your community was created under.
• Amendments changing unit use restrictions generally require unanimous consent under the UCIOA amendment framework — making it difficult to add a rental ban to an existing declaration without every affected owner's agreement (exact codified cite unverified; see flags).

Rental rules we’re seeing in West Virginia

Real examples from the HOA411 database:

• Stonebridge Village, Martinsburg — Master Association Rules §20 set a 7-calendar-month minimum lease with no transient occupancy under 1 month, board approval before tenant occupancy, and a 10% cap on non-owner-occupied units at any one time.
• Horizons at Stonebridge Village II, Martinsburg — The HOA's leasing FAQ confirms entire units may be rented with no lease shorter than 7 calendar months, mirroring the Stonebridge Village rental policy.
• The Woods, Hedgesville — A Supplementary Declaration to the CC&Rs explicitly states the restrictions 'shall not prohibit short-term or long-term rentals' — both rental strategies are affirmatively permitted at the declaration level.
• Coolfont Mountainside Association, Berkeley Springs — The Declaration permits rental use on a daily or longer basis, but a 2025 Group Rental Housing policy resolution restricts units operated solely or predominantly as short-term investment rentals unless granted a special exception.

Frequently asked questions

Can my West Virginia HOA ban rentals by a board vote?

Not as a substantive ban. Under W. Va. Code § 36B-3-102(f)(3), board rules may restrict leasing only to the extent reasonably designed to meet institutional lenders' underwriting requirements. A real rental ban or cap must be in the recorded declaration — a board vote alone is not enough.

What rental restrictions can a West Virginia HOA put in its declaration?

Essentially whatever the owners agree to: outright bans, percentage caps, minimum lease terms, owner-occupancy waits, tenant-approval processes, and fee schedules. The declaration may include 'restrictions on use, occupancy and alienation of the units' (§ 36B-2-105), and courts enforce them as written.

Does West Virginia limit HOA rental fees?

No. Unlike Virginia ($50 per lease term) or Utah ($200/year in high-rental communities), West Virginia has no statutory cap on rental-related fees. Fees must be authorized by the governing documents and reasonable, but no state ceiling applies.

How do I find out a community's rental rules before buying?

West Virginia law requires it to be disclosed: the public offering statement must describe use and alienation restrictions (§ 36B-4-103), and the seller must deliver a resale certificate before closing (§ 36B-4-109). Review both — plus the recorded declaration — before you are bound.

My community was built in the 1970s. Does chapter 36B even apply?

Maybe not. Chapter 36B (the UCIOA) applies to communities created under it; older condominiums may operate under the Unit Property Act (chapter 36A), which has thinner provisions on leasing. Check the declaration's recording date and which chapter it invokes.

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General information only, not legal advice. HOA rules change — confirm directly with the HOA or a West Virginia attorney before buying or leasing.