West Virginia Code Chapter 36B. Uniform Common Interest Ownership Act § 36B-1-203. Applicability to new common interest communities--Exception for small and limited expense liability planned communities

(1) Contains no more than twelve units and is not subject to any development rights; or

(2) Provides, in its declaration, that the annual average common expense liability of all units restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, may not exceed three hundred dollars as adjusted pursuant to section 1-114 (adjustment of dollar amounts) it is subject only to sections 1-105 (separate titles and taxation), 1-106 (applicability of local ordinances, regulations and building codes) and 1-107 (eminent domain), unless the declaration provides that this entire chapter is applicable.