55-530 - Powers of the Board; Common interest community ombudsman; complaints.
§ 55-530. Powers of the Board; Common interest community ombudsman;complaints.
A. The Board shall administer the provisions of this chapter pursuant to thepowers conferred by § 54.1-2349 and this chapter.
B. The Director in accordance with § 54.1-303 shall appoint a Common InterestCommunity Ombudsman (the Ombudsman) and shall establish the Office of theCommon Interest Community Ombudsman. The Ombudsman shall be a member in goodstanding in the Virginia State Bar. All state agencies shall assist andcooperate with the Office of the Common Interest Community Ombudsman in theperformance of its duties under this chapter. The expenses for the operationsof the Office of the Common Interest Community Ombudsman, including thecompensation paid to the Ombudsman, shall be paid first from interest earnedon deposits constituting the fund and the balance from the moneys collectedannually in the fund.
C. The Office of the Common Interest Community Ombudsman shall:
1. Assist members in understanding their rights and the processes availableto them according to the declaration and bylaws of the association;
2. Answer inquiries from members and other citizens by telephone, mail,electronic mail, and in person;
3. Provide to members and other citizens information concerning commoninterest communities upon request;
4. Make available, either separately or through an existing Internet websiteutilized by the Director, information as set forth in subdivision 3 and suchadditional information as may be deemed appropriate;
5. Receive the notices of complaint filed;
6. In conjunction with complaint and inquiry data maintained by the Director,maintain data on inquiries received, the types of assistance requested,notices of complaint received, any actions taken, and the disposition of eachsuch matter;
7. Upon request, assist members in using the procedures and processesavailable to them in the association, including nonbinding explanations oflaws or regulations governing common interest communities or interpretationsthereof by the Board, and referrals to public and private agencies offeringalternative dispute resolution services, with a goal of reducing andresolving conflicts among associations and their members. Such assistance mayrequire the review of the declaration and other records of an association andthe procedures for resolving complaints required to be established by theassociation pursuant to subsection E. An association shall provide suchinformation to the Office of the Common Interest Community Ombudsman within areasonable time upon request;
8. Ensure that members have access to the services provided through theOffice of the Common Interest Community Ombudsman and that the membersreceive timely responses from the representatives of the Office of the CommonInterest Community Ombudsman to the inquiries;
9. Upon request to the Director by (i) any of the standing committees of theGeneral Assembly having jurisdiction over common interest communities or (ii)the Housing Commission, provide to the Director for dissemination to therequesting parties assessments of proposed and existing common interestcommunity laws and other studies of common interest community issues;
10. Monitor changes in federal and state laws relating to common interestcommunities;
11. Provide information to the Director that will permit the Director toreport annually on the activities of the Office of the Common InterestCommunity Ombudsman to the standing committees of the General Assembly havingjurisdiction over common interest communities and to the Housing Commission.The Director's report shall be filed by December 1 of each year, and shallinclude a summary of significant new developments in federal and state lawsrelating to common interest communities each year; and
12. Carry out activities as the Board determines to be appropriate.
D. The Board may use the remainder of the interest earned on the balance ofthe fund and of the moneys collected annually and deposited in the fund forfinancing or promoting the following:
1. Information and research in the field of common interest communitymanagement and operation;
2. Expeditious and inexpensive procedures for resolving complaints about anassociation from members of the association or other citizens;
3. Seminars and educational programs designed to address topics of concern tocommunity associations; and
4. Other programs deemed necessary and proper to accomplish the purpose ofthis chapter.
E. The Board shall establish by regulation a requirement that eachassociation shall establish reasonable procedures for the resolution ofwritten complaints from the members of the association and other citizens.Each association shall adhere to the written procedures established pursuantto this subsection when resolving association member and citizen complaints.The procedures shall include but not be limited to the following:
1. A record of each complaint shall be maintained for no less than one yearafter the association acts upon the complaint.
2. Such association shall provide complaint forms or written procedures to begiven to persons who wish to register written complaints. The forms orprocedures shall include the address and telephone number of the associationor its common interest community manager to which complaints shall bedirected and the mailing address, telephone number, and electronic mailaddress of the Office of the Common Interest Community Ombudsman. The formsand written procedures shall include a clear and understandable descriptionof the complainant's right to give notice of adverse decisions pursuant tothis section.
F. A complainant may give notice to the Board of any final adverse decisionin accordance with regulations promulgated by the Board. The notice shall befiled within 30 days of the final adverse decision, shall be in writing onforms prescribed by the Board, shall include copies of all records pertinentto the decision, and shall be accompanied by a $25 filing fee. The fee shallbe collected by the Director and paid directly into the state treasury andcredited to the Common Interest Community Management Information Fund, §55-530.1. The Board may, for good cause shown, waive or refund the filing feeupon a finding that payment of the filing fee will cause undue financialhardship for the member. The Director shall provide a copy of the writtennotice to the association that made the final adverse decision.
G. The Director or his designee, may request additional informationconcerning any notice of complaint from the association that made the finaladverse decision. The association shall provide such information to theDirector within a reasonable time upon request. If the Director upon reviewdetermines that the final adverse decision may be in conflict with laws orregulations governing common interest communities or interpretations thereofby the Board, the Director may, in his sole discretion, provide thecomplainant and the association with information concerning such laws orregulations governing common interest communities or interpretations thereofby the Board. The determination of whether the final adverse decision may bein conflict with laws or regulations governing common interest communities orinterpretations thereof by the Board shall be a matter within the solediscretion of the Director, whose decision is final and not subject tofurther review. The determination of the Director shall not be binding uponthe complainant or the association that made the final adverse decision.
H. The Board shall issue a certificate of filing to each association whichhas properly filed in accordance with this title. The certificate shallinclude the date of registration and a unique registration number assigned bythe Board.
I. The Board may prescribe regulations which shall be adopted, amended orrepealed in accordance with the Administrative Process Act (§ 2.2-4000 etseq.) to accomplish the purpose of this chapter.
(1993, c. 958; 1997, c. 222; 1998, c. 463; 2001, c. 816; 2008, cc. 851, 871;2010, cc. 59, 208.)