Terms Used In West Virginia Code > Chapter 36A > Article 2 - General Provisions

• Code of regulations: means such governing regulations as are adopted pursuant to this chapter for the regulation and management of the property, including such amendments thereof as may be adopted from time to time. See West Virginia Code 36A-1-2
• Common elements: means and includes:

  (i) The land on which the building is located and portions of the building which are not included in a unit. See West Virginia Code 36A-1-2

• Common expenses: means and includes:

  (i) Expenses of administration, maintenance, repair and replacement of the common elements. See West Virginia Code 36A-1-2

• Declaration: means the instrument by which the owner of property submits it to the provisions of this chapter as hereinafter provided, and all amendments thereof. See West Virginia Code 36A-1-2
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Property: means and includes the land, the building, all improvements thereon, all owned in fee simple, and all easements, rights and appurtenances belonging thereto, which have been or are intended to be submitted to the provisions of this chapter. See West Virginia Code 36A-1-2
• Unit: means a part of the property designed or intended for any type of independent use, which has a direct exit to a public street or way, or to a common element or common elements leading to a public street or way, or to an easement or right-of-way leading to a public street or way, and includes the proportionate undivided interest in the common elements which is assigned thereto in the declaration, or any amendments thereof. See West Virginia Code 36A-1-2
• Unit owner: means the person or persons owning a unit in fee simple. See West Virginia Code 36A-1-2