(a) All cooperatives and common interest communities, as the same are defined by West Virginia Code §36B-1-103, et. seq., shall comply with the provisions thereof, including, but not limited to, provision for a homeowners’ association or “Unit owners’ association” to be duly established in a declaration for same, to be executed by the Developer/Declarant, and which shall be fully compliant with said West Virginia Code provision known as the “Uniform Common Interest Ownership Act.”1
1 West Virginia Code §36B Uniform Common Interest Ownership Act
(b) Said declaration shall be submitted with the Subdivision and/or Land Development Application as a requirement for its approval.
(c) Neither the City of Martinsburg nor its Planning Commission shall have any jurisdiction over private restrictive covenants that may apply to Units or Subdivision and/or Land Development Lots to the extent those agreements meet the requirements of this Ordinance and the Zoning Ordinance. Such covenants shall not conflict with, supersede, or dispel any ordinances or regulations enacted by the City of Martinsburg. Restrictive covenants constitute private agreements between owners of Units that are enforceable by the owners of the Units and/or their homeowners association as set forth in said restrictive covenants. Therefore, approval given by the City of Martinsburg for any activity or improvement to any Unit or Lot within any Subdivision and/or Land Development, whether by permit, Waiver or variance shall not constitute an indication that said activity or improvement is in compliance with any applicable restrictive covenants. Likewise, architectural review and approval by a “Declarant” or homeowners association of an activity or improvement to a Unit or Lot shall not be misconstrued by any Unit owner as a sanction of the City of Martinsburg.
(Ord. 2022-13. Passed 11-10-22.)