Bulletin: WV000015

Dear Associates:

Section 36B-3-117 of the West Virginia Code (the Uniform Common Interest Ownership Act or "UCIOA") provides that a judgment for money against an association (homeowner's or condominium) is not a lien on the common elements of the association, but rather is a lien against all of the lots or units in the common interest community. Therefore, if you are insuring any such lot or unit, or insuring a mortgage lien against any such lot or unit, you must search the association in the judgment index for the ten-year statutory limitation period, just as you would any owner. Any judgments found against the association must be required to be released in Section B-1 of the commitment.

It is not always apparent from the legal description of the property that it is or may be located within a regime covered by the UCIOA. If there is any question, you must search the title of the property back to the creation of the parcel to determine its possible status as being within a UCIOA subdivision.

NOTE: Section 36B-1-204 of the Code provides that it shall apply to communities created prior to the effective date of the act, with the exception of small (fewer than 12 units) pre-existing communities as defined in Section 36B-1-205. The age of the subdivision, therefore, does not obviate the necessity to search the association, if there is one, in the judgment index.