Selling your home without an agent inCharleston, West Virginia

W. Va. Code § 36B-4-109(c), first sentence

A purchaser of a covered West Virginia common-interest resale is not liable for an unpaid assessment or fee above the amount stated in the association-prepared certificate.

42 U.S.C. § 4851b(27)

Federal lead-disclosure law generally defines target housing as housing constructed before 1978, subject to the statutory elderly, disability, zero-bedroom, child-occupancy, and jurisdiction-specific exceptions.

42 U.S.C. § 4852d(a)(1)(B)

Before a purchaser or lessee is contractually obligated for target housing, the seller or lessor must disclose known lead-based paint or hazards and provide available lead-hazard evaluation reports.

42 U.S.C. § 4852d(a)(1)(C)

For a target-housing sale, the seller must permit the purchaser a 10-day lead risk-assessment or inspection period unless the parties mutually agree to a different period.

W. Va. Code § 36B-4-109(a), opening clause

For a covered West Virginia common-interest unit resale, the unit owner must furnish the purchaser the declaration excluding plats/plans, bylaws, association rules/regulations, and the statutory certificate before contract execution or otherwise before conveyance, unless a public offering statement is required or § 4-101(b) exempts the transaction.

W. Va. Code § 36B-4-109(b), first sentence

After a unit owner requests it, the West Virginia association must furnish the information certificate needed for § 36B-4-109 compliance within ten days.

Zoning Ordinance § 21-040-05(A)(3)

Applies in Charleston city

The Historic Landmarks Commission must consider a covered Demolition Review Permit within 45 days after the owner or occupant files it.

W. Va. Code § 36B-4-109(c), second sentence

If the association fails or delays in providing the covered West Virginia resale certificate, the purchaser may void the contract until the certificate is provided and for five days afterward, or until conveyance, whichever occurs first; the unit owner is not liable for the association’s failure or delay.

Historic Landmarks Commission > appeal

Applies in Charleston city

The City identifies the Circuit Court of Kanawha County as the appeal route for an aggrieved party challenging a final Historic Landmarks Commission decision.

Historic Preservation > East End footnote

Applies in Charleston city

The City states that only properties in the original East End Historic District are subject to the Historic Landmarks Commission design-review process.

Property Maintenance > ownership transfer

Applies in Charleston city

A Charleston owner violates City requirements by transferring ownership without making the new owner aware of every violation notice sent to the deeded owner.

Zoning Ordinance § 21-040-03

Applies in Charleston city

When Charleston historic-overlay requirements conflict with the underlying zoning-district requirements, the historic-overlay requirements control.

Zoning Ordinance § 21-040-04

Applies in Charleston city

Charleston local-register districts are recorded on the official zoning map, and applications for new construction, alteration, reconstruction, relocation, or demolition may be subject to Historic Landmarks Commission design review.

Zoning Ordinance § 21-040-05(A)

Applies in Charleston city

A Charleston Demolition Review Permit is required before demolition of a significant building approved under City Code § 2-695(b) or (c).

Zoning Ordinance § 21-040-05(A)(1)

Applies in Charleston city

After a public hearing and the stated public-interest finding, the Historic Landmarks Commission may delay demolition of a significant building for 90 days.

Zoning Ordinance § 21-041-05

Applies in Charleston city

Before construction, alteration, reconstruction, relocation, demolition, or a change affecting exterior appearance or related-environment character in the East End Historic District Overlay, the person proposing the change must file the prescribed permission application with the Planning Department.