Any restriction, reservation, condition, exception or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease or use of property which would permit residential use of property but prohibit the use of such property as a group residential facility or group residential home shall, to the extent of such prohibition, be void as against the public policy of this state and shall be given no legal or equitable force or effect.
W. Va. Code § 27-17-4
Exclusion by private agreement void
Applied in 2 court decisions — leading case Double D Manor, Inc. v. Evergreen Meadows Homeowners' Ass'n (1989)
Most recently applied in Double D Manor, Inc. v. Evergreen Meadows Homeowners' Ass'n (April 1989)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.