CHARLESTON, W.Va. — Owning an empty lot in a homeowners association does not entitle you to a discount on dues unless the community’s covenants say so. That is the message of a memorandum decision from the Supreme Court of Appeals of West Virginia in Chen v. White Rock Mountain Retreat, No. 24-647, filed July 28, 2026.
The dispute
Jianmin Chen owns an unimproved lot in White Rock Mountain Retreat, a planned community in Greenbrier County. According to the court’s decision, the association charged every owner $1,500 a year for 2019, 2020 and 2021, without distinguishing between lots with homes and lots without. Chen didn’t pay.
The association sued in magistrate court for $4,500 in assessments, plus $2,044.21 in interest and $1,795.50 in attorney fees, a total of $8,339.71. It won. Chen appealed to the circuit court, which held a new trial and again ruled for the association. The Intermediate Court of Appeals affirmed in 2024.
Chen’s argument and why it failed
Chen relied on West Virginia Code § 36B-3-115(c)(2), part of the state’s common interest community law. It says that, to the extent the declaration requires, any common expense that benefits fewer than all units must be assessed only against the units that benefit. His position was that his empty lot did not benefit equally from the community’s spending.
The courts focused on the words “to the extent required by the declaration”. The Intermediate Court of Appeals found that the covenants make no distinction between improved and unimproved lots, that every lot owner agrees to pay annual assessments, and that there was no evidence any specific expense failed to benefit Chen’s lot. The Supreme Court found no substantial question of law and affirmed, deciding the case without oral argument. It also declined to consider his argument that the assessments were unconscionable, because he had not raised it in the lower courts.
What it means for owners and boards
Lot owners: buying a lot to build on “someday” usually means paying full dues from day one. Before you buy, read the assessment article of the declaration. Look for any reduced rate for unimproved lots or for lots owned by the developer. If there isn’t one, assume you will pay the same as everyone else. As this case shows, not paying is expensive: interest and attorney fees nearly doubled the bill.
Owners who want a different system: the route is to amend the declaration through the vote it requires, not to withhold payment.
Boards: apply the assessment formula exactly as the covenants describe it. If your declaration does require expenses that benefit only some lots to be charged to those lots, as the statute contemplates, your budget needs to show that split.
For a plain-English look at what dues pay for, read What Do HOA Fees Cover?
Source: Supreme Court of Appeals of West Virginia, memorandum decision, No. 24-647, filed July 28, 2026; Intermediate Court of Appeals, No. 23-ICA-333, September 4, 2024. General information only, not legal advice.
