West Virginia HOA Board Roles & Responsibilities
What each board position actually does, how many people you need, and how to keep a volunteer board functioning as members rotate out year after year — including where board composition is actually set by state law versus your own bylaws.
West Virginia at a Glance
Most HOA boards have three to five members, elected by the membership for terms set in the bylaws — often one to two years, frequently staggered so the entire board doesn't turn over at once. Your specific bylaws define much of the exact structure, but in some states, part of that structure — minimum board size, owner-eligibility, or officer requirements — is actually set by statute, not left to the association to decide.
⚠ Common mistake: Assuming your bylaws alone decide how big the board is. In West Virginia, the minimum board size is set by a law written specifically for homeowners associations.
Dillo's TakeLet me put that in plain words…
West Virginia's common-interest law covers planned communities, but older communities and very small ones (12 or fewer homes without development rights, or very low average dues) get only limited parts of it.
President
Runs board meetings, is usually the primary point of contact with homeowners and outside parties (attorneys, vendors, the county), and typically has authority to sign on the association's behalf for routine matters. The president does not unilaterally make board decisions — actions still require a board vote — but does set the agenda and keep meetings moving.
Secretary
Keeps official records: meeting minutes, the membership roll, and official correspondence. In a self-managed HOA, the secretary is often the person who ends up being the institutional memory of the association — the one who can answer "wait, when did we actually vote on that?" This role matters more than it sounds like it should, because undocumented decisions are one of the most common sources of later disputes.
Treasurer
Handles dues collection, financial reporting, and the annual budget process. Many associations require some form of annual budget, and increasingly a reserve study projecting future major expenses. The treasurer role is also the one most commonly outsourced even in an otherwise self-managed association — hiring an accountant or bookkeeper for the mechanics while the treasurer sets policy and reviews the numbers is common and often worth the cost.
West Virginia — Officer RequirementsHOA/condo statute
The bylaws must provide for the executive board to elect a president, treasurer, secretary, and any other officers the bylaws specify.
Minimum board size and who can serve
Whether your association has a statutory floor on board size, and whether some or all of the directors must be owners, depends on your state. Where a rule exists, it usually comes from one of two places: a law written specifically for homeowners or condominium associations, or general nonprofit corporation law, which applies only because the association is incorporated as a nonprofit. The badge on each rule below shows which one applies in West Virginia.
West Virginia — Minimum Board SizeHOA/condo statute
For communities fully covered by the act: once the developer's control ends, the owners must elect an executive board of at least 3 members, a majority of them owners.
West Virginia — Owner/Member RequirementHOA/condo statute
For communities fully covered by the act: once the developer's control ends, at least a majority of the executive board must be unit owners.
West Virginia — Other Eligibility Rules
The act requires the bylaws to state the qualifications of executive board members and officers.
Term limits
Some states cap how long a single director term can run. A cap on one term is different from a limit on how many terms in a row someone can serve: a term cap alone doesn't stop a director from being re-elected. That takes a separate consecutive-term limit. Check both rows in the reference below for West Virginia.
West Virginia — Term LimitsBylaws/documents
The act leaves terms to the bylaws. Under the nonprofit act, directors' terms generally expire at the next annual meeting; with staggered terms, terms of 2 to 5 years are possible.
Conflict-of-interest disclosure
If a board member stands to personally benefit from a contract or decision the board is voting on, several states require a specific disclosure process before that vote can happen — not just a general "act in good faith" expectation. Some states wrote this rule directly into their HOA or condominium statute; others expressly import the state's general nonprofit corporation conflict-of-interest rules instead of creating a separate one.
West Virginia — Conflict-of-Interest RuleGeneral corporate law
The act has no separate director conflict rule in its board sections. If the association is incorporated as a nonprofit, a transaction in which a director has an interest can be approved in good faith by a majority of the disinterested directors, even if they are fewer than a quorum.
⚠ Common mistake: Treating a conflict of interest casually because "everyone already knows" a board member has a stake in a vendor contract. In states with a statutory disclosure requirement, informal awareness isn't the same as a documented disclosure — skipping the formal step can make the contract itself challengeable later, regardless of whether the board's decision was actually reasonable.
Additional roles on larger boards
Associations with five or more board members sometimes add a vice president (covers for the president, sometimes chairs a specific committee like ARC) and an at-large member with no fixed portfolio, available to take on whatever the board needs — chairing a violations committee, leading a specific project, or simply providing another vote and perspective.
Can one person hold two roles?
It depends mostly on your bylaws, and in some states on the statute itself. Very small associations sometimes explicitly allow combining roles out of necessity. Others prohibit certain combinations — most commonly, keeping treasurer separate from any role with check-signing authority, as a basic financial control. Check your specific bylaws, and the state reference below, before assuming either way.
The real challenge: surviving turnover
The hardest part of running a self-managed board usually isn't any single role — it's what happens when the person who understood how everything worked rotates off the board and nobody wrote it down. A self-managed HOA has no institutional memory beyond what the current board happens to remember or document. The associations that handle this well share one habit: they write things down as they happen, not from memory afterward — meeting minutes the same day, a violation logged when it's observed, a decision recorded the moment it's made.
State-by-State Quick Reference
Select your state below for its actual board-composition rules. Every field is tagged with where the rule comes from — a statute written for HOAs or condominiums, general nonprofit corporate law that happens to apply, or your own governing documents — because those aren't the same thing, even when the resulting number looks identical.
| Scope / governing statute | West Virginia's Uniform Common Interest Ownership Act (W. Va. Code Chapter 36B) covers planned communities. Communities created before the act took effect, and small planned communities (12 or fewer units without development rights, or with very low average common expenses), are subject only to limited parts of it. If the association is incorporated as a nonprofit, the West Virginia Nonprofit Corporation Act (Chapter 31E) also applies. |
| Minimum board size HOA/condo statute | For communities fully covered by the act: once the developer's control ends, the owners must elect an executive board of at least 3 members, a majority of them owners. |
| Owner/member requirement HOA/condo statute | For communities fully covered by the act: once the developer's control ends, at least a majority of the executive board must be unit owners. |
| Other eligibility rules | The act requires the bylaws to state the qualifications of executive board members and officers. |
| Officer requirements HOA/condo statute | The bylaws must provide for the executive board to elect a president, treasurer, secretary, and any other officers the bylaws specify. |
| Max individual term Bylaws/documents | The act leaves terms to the bylaws. Under the nonprofit act, directors' terms generally expire at the next annual meeting; with staggered terms, terms of 2 to 5 years are possible. |
| Consecutive-term limit | Neither the act's board sections nor the nonprofit act's term sections limit consecutive terms. |
| Conflict-of-interest disclosure General corporate law | The act has no separate director conflict rule in its board sections. If the association is incorporated as a nonprofit, a transaction in which a director has an interest can be approved in good faith by a majority of the disinterested directors, even if they are fewer than a quorum. |
| Citation | W. Va. Code §§ 36B-1-201; 36B-1-203; 36B-1-204; 36B-3-103; 36B-3-106; 31E-8-807; 31E-8-860 |
Read the law
What West Virginia's law actually says about board composition, in its own words, with links to the full text where available:
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W. Va. Code §§ 36B-1-201; 36B-1-203; 36B-1-204
- Governing Statute / Scope: “If a planned community: (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 ... may not exceed $300”
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W. Va. Code § 36B-3-103
- Minimum Board Size: “the unit owners shall elect an executive board of at least three members, at least a majority of whom must be unit owners.”
- Owner/Member Eligibility Requirement: “at least three members, at least a majority of whom must be unit owners.”
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W. Va. Code § 36B-3-106
- Additional Eligibility Rules: “The qualifications, powers and duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies”
- Required Officer Positions: “Election by the executive board of president, treasurer, secretary, and any other officers of the association the bylaws specify”
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W. Va. Code § 31E-8-807
- Maximum Individual Term: “At each annual meeting thereafter, directors are to be chosen for a term of two years, three years, four years or five years, as the case may be”
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W. Va. Code § 31E-8-860
- Conflict of Interest Rule: “the board or committee in good faith authorizes the contract or transaction by the affirmative votes of a majority of the disinterested directors, even though the disinterested directors be less than a quorum”
Making the transition easier
Formtabulous keeps your association's records — elections, violations, ARC requests, homeowner communication — in one place that survives board turnover, instead of scattered across whoever's personal inbox happened to handle it.
See how it works →West Virginia — Common Questions
This article is general information about how HOA boards typically operate and is not legal advice. The specific roles, terms, and requirements for your association are set by your bylaws and, in some states, statute — consult the governing documents and, where needed, a qualified attorney for your specific situation.