James R. and Jamila J. Fleet v. Webber Springs Owners Assoc.

DAVIS, Justice:

This case involves a dispute between a homeowners association that is a West Virginia Limited Expense Planned Community under W. Va.Code § 36B-1-203 (1994) (Repl. Vol. 2011) and certain homeowners who have failed to pay them association assessments. The parties disagree over the ability of a West Virginia Limited Expense Planned Community to assert a common law lien on real property for unpaid association assessments, attorney’s fees, and costs. In addition, we are asked to decide whether an association’s attempts to collect delinquent assessments are governed by the West…