West Virginia law · Unit Property Act

W. Va. Code § 36A-3-5

Remedy for noncompliance with code of regulations, administrative provisions, etc

Covered in 3 owner guides

What this section does for you

The legacy act's own remedy: a civil action for damages or an injunction over noncompliance with the code of regulations, rules, or the declaration's covenants, available to the council, an aggrieved unit owner, or a mortgage holder.
Owner guide: Fines & violations in West Virginia
The legacy act's judicial remedy for noncompliance with the declaration's covenants and restrictions, including architectural covenants, available to an aggrieved unit owner.
Owner guide: Architectural review in West Virginia
The legacy act's judicial remedy, available to an aggrieved unit owner "in a proper case," language that bears on whether uneven enforcement undercuts the association's own claim.
Owner guide: Selective enforcement in West Virginia

The statutory text

Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.

Failure to comply with the code of regulations and with such rules governing the details of the use and operation of the property and the use of the common elements as may be in effect from time to time and with the covenants, conditions and restrictions set forth in the declaration or in deeds of units or in the declaration plan shall be grounds for an action for the recovery of damages or for injunctive relief, or both, maintainable by any member of the council on behalf of the council or the unit owners or, in a proper case, by an aggrieved unit owner or by any person who holds a mortgage lien upon a unit and is aggrieved by any such noncompliance.