Legislature proposes uniform law to eliminate unlawful property deed restrictions

February 17, 2025 | 2025 Legislature WV, West Virginia


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Legislature proposes uniform law to eliminate unlawful property deed restrictions
The Senate Government Organization Committee convened on February 17, 2025, to discuss a proposed bill aimed at addressing unlawful restrictions in property deeds. The bill seeks to create a new article and code that would allow property owners to amend their deeds to remove any restrictions deemed unlawful. These restrictions are defined as conditions that interfere with the sale or occupancy of real property based on race, color, religion, national origin, disability, or other personal characteristics, and must violate both state and federal law.

The bill, which previously ran as Senate Bill 494, received strong support in the Senate, passing with a vote of 30-0. However, it was referred to the House Judiciary Committee, where it did not make it onto the agenda. The current proposal includes a provision that permits the governing body of a common interest property to remove such unlawful restrictions from their governing instruments, along with a defined procedure for doing so.

During the meeting, committee members raised questions regarding the necessity of the bill, given that many of these restrictions are already disregarded by law. Counsel clarified that while these restrictions may not be enforceable, the bill provides a formal process for property owners to record amendments that reflect their disagreement with these outdated provisions.

Further discussion ensued regarding the implications of the bill for property owners' associations (POAs) and homeowners' associations (HRAs). Concerns were voiced about the potential for changes to be made without the awareness or consent of individual members within these associations.

The committee did not reach any resolutions during this session, and no amendments were proposed. The discussion highlighted the ongoing need for clarity and action regarding unlawful property restrictions, with further deliberations expected in future meetings.

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