The Intermediate Court of Appeals of West Virginia has reversed a lower court's ruling in a property ownership dispute involving Harvey and Nancy Bellomy and the Falcon Ridge Unit Owners' Association, Inc. The court's decision, filed on June 10, 2026, affects the Bellomys' claims to several lots and common areas within the Falcon Ridge community.
This case matters because it clarifies property rights and the application of homeowners' association rules in West Virginia. The ruling highlights the importance of proper documentation and the interpretation of property deeds, which can significantly impact homeowners' rights.
Background
The dispute arose from the Bellomys' claim to ownership of multiple lots within the Falcon Ridge planned community in Mercer County, West Virginia. They assert that they own several lots free of any homeowners' restrictions and fees, including portions of the streets and a community nature park. The Falcon Ridge Unit Owners' Association, on the other hand, contends that these properties are common elements owned by the association.
The case began when Falcon Ridge filed a complaint for declaratory judgment against the Bellomys on April 4, 2023. The association sought a court ruling to confirm its ownership of certain properties, including Lot 94, the entrance sign, and various streets within the community. The Bellomys responded with their own counterclaim, asserting that they were the rightful owners of the disputed properties and that these were not subject to the Falcon Ridge Declaration of Covenants and Restrictions.
The Ruling
The Intermediate Court of Appeals, led by Chief Judge Greear, found that the lower court had erred in its application of the law regarding property ownership. The court stated, "the circuit court erred in its application of the Uniform Act, and it failed to apply the clear language of the deeds at issue." The ruling emphasized that the Falcon Ridge Declaration of Covenants and Restrictions did not provide a legally sufficient description of the real estate included in the community, as required by West Virginia law.
The court's opinion also highlighted that the deeds transferring property to the Bellomys did not reference the Falcon Ridge DCR, meaning that the properties were not bound by its restrictions. The court reversed the lower court's orders from April 4 and June 30, 2025, and remanded the case for further proceedings.
Impact
This ruling has significant implications for property owners within the Falcon Ridge community and potentially others in similar situations across West Virginia. It clarifies that homeowners' associations must adhere to specific legal requirements when establishing covenants and restrictions. If these requirements are not met, property owners may not be bound by such restrictions, as was the case for the Bellomys.
The decision also underscores the importance of proper documentation in real estate transactions. Homeowners need to ensure that any covenants or restrictions are clearly stated in the deeds to avoid disputes over property ownership and rights.