SmartProperty® helps West Virginia condominiums and HOAs plan and fund their reserves. West Virginia doesn’t require established associations to study or fund reserves, which leaves the board’s fiduciary duty and lender rules as the working standards.
Jan 4, 2027Fannie Mae’s 15% reserve minimum takes effect for condo loans
Developer disclosureNew communities must state the reserve amount, or that there is none (Chapter 36B)
No mandateWest Virginia law doesn’t require an ongoing reserve study or minimum balance
WHAT WEST VIRGINIA REQUIRES
A disclosure at the start. A power, not a duty, after that.
West Virginia’s Uniform Common Interest Ownership Act asks developers to disclose reserves and gives associations the power to budget for them. It requires nothing further.
CHAPTER 36B · DEVELOPER DISCLOSURE
A reserve statement in the public offering
A new community’s Public Offering Statement must include the amount, or a statement that there is no amount, budgeted as a reserve for repairs and replacement.
It must also state any other reserves.
This applies to the initial developer, not to a homeowner-run association.
SECTION 36B-3-102 · ASSOCIATION POWERS
The power to reserve, not the duty
Once established, the association may adopt and amend budgets for revenues, expenditures and reserves.
The law provides the authority but doesn’t mandate the action or specify funding levels.
Without a mandate, the board’s fiduciary duty applies: good faith, loyalty and the care of an ordinarily prudent person.
Limited state disclosure doesn’t hide a thin reserve.
The board’s duty is the standard
If a roof, paving or pool failure forces a large special assessment, owners can sue for negligence and breach of fiduciary duty. A study shows the board made informed decisions.
Lenders can still find weak reserves
Our guide notes that reserve problems can come out during a sale even with limited state disclosure. An association with weak reserves can land on a lender’s ineligible list, and buyers are left with cash only.
The lender alternative is a current study
Below Fannie Mae’s 15% minimum, an association needs a study completed or updated within three years and a budget that funds its highest recommended contribution. Baseline funding is no longer accepted.
HOW SMARTPROPERTY HELPS
Compliance is the floor. Funding stability is the goal.
Full reserve studies and updates
A site-inspected study to start, then updates as costs and conditions change, so the board always has a current plan.
A plan that stays current
The Living Reserve Study® updates as projects are completed and costs change, so your plan is ready for the next update or budget.
Funding options the board can compare
Model higher contributions, special assessments, loans or lines of credit side by side before you take a recommendation to owners.
Numbers you can explain
Atlas shows the cost data and useful-life assumptions behind every figure, so boards can answer owner questions with confidence.
TALK WITH SMARTPROPERTY ABOUT WEST VIRGINIA
Get your West Virginia reserve plan on solid ground.
See how the Living Reserve Study® works for your community, or tell us about your association and we’ll put together a proposal.
Photo via Wikimedia Commons: New River Gorge: Janusz Sobolewski, CC BY 2.0. West Virginia law summary is not legal advice. Confirm your association’s obligations with West Virginia counsel.