Our initial scan found 3 potential issues in your governing documents.
We checked the 3 public PDFs on Glade Springs Village POA’s website against current West Virginia and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Declaration of Covenants, Conditions & Restrictions · Declaration of Covenants and Restrictions for Glade Springs Village, Article VIII, Section 8.1 · Page 1
Three-Year Statutory Lien Extinguishment Under W. Va. Code § 36B-3-116(e) and WVCCPA Limits on Unadjudicated Attorney's Fees
Operative Clause · Declaration of Covenants and Restrictions for Glade Springs Village, Article VIII, Section 8.1 (Page 1)
“Continuing Assessment Lien with Three-Year Statutory Extinguishment Omitted and Non-Judicial Enforcement Claimed — All annual, special, and utility/recreational assessments, together with interest at…”
Why It’s Flagged
W. Va. Code § 36B-3-116(e) & § 36B-3-116(i) (WV UCIOA — Lien for Assessments) & W. Va. Code § 46A-2-128
In direct litigation involving Glade Springs Village Property Owners Association (including Justice Holdings LLC v. Glade Springs Village POA, Inc., 836 S.E.2d 831 (W. Va. 2019)), the West Virginia Supreme Court of Appeals confirmed that Glade Springs Village is governed by the West Virginia Uniform Common Interest Ownership Act (W. Va. Code Chapter 36B).
Under W. Va. Code § 36B-3-116(e), a lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within 3 years after the full amount of the assessments becomes due—it does NOT continue indefinitely 'until paid in full.' Under Fleet v. Webber Springs Owners Ass'n, 772 S.E.2d 369 (W. Va. 2015), demanding unadjudicated attorney's fees before court judgment violates the WVCCPA (W. Va. Code § 46A-2-128).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Declaration of Covenants and Restrictions for Glade Springs Village, Article VIII, Section 8.1 to conform with W. Va. Code § 36B-3-116(e) & § 36B-3-116(i) (WV UCIOA — Lien for Assessments) & W. Va. Code § 46A-2-128 prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
#
Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Satellite Dish & Antenna Prior-Approval / Ban Preemption Conflict
Rules & Policies
HIGH LEGAL RISK
#3
Pet & Assistance Animal Restriction Statutory Exposure
Association Bylaws
HIGH LEGAL RISK
+ Full Set
Additional Governing Documents You Load (Up to 10 PDFs) — Amendments, Rules, ARC Guidelines & Cross-Document Hierarchy
Up to 10 PDFs
INCLUDED IN $699 AUDIT
FULL GOVERNING DOCUMENT AUDIT · UP TO 10 PDFS · $699
What the Full Analysis Checks & How It Works
Statutory & Federal Check: Audits up to 10 PDFs (CC&Rs, Bylaws, Rules & Amendments) against West Virginia statutes, Federal law, and local codes.
Cross-Document Hierarchy Check: Flags internal contradictions where Rules, Policies, or Bylaws conflict with your recorded Declaration.
Marked-Up PDFs for Board & Counsel: Boxes each issue on the source page with the controlling statute cited and sample discussion wording.
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